Confiscarea extinsă. Preexistența unei hotărâri de condamnare. Contractul de împrumut încheiat între rude sau prieteni

At first instance, under art. 1121 of the new Criminal Code, extended confiscation from defendant A.S.A. the amounts of 14,565 euros, 50 GBP, 1 USD, 27,508 lei, as well as the jewels raised during the home search. On appeal, the Suceava Court of Appeal removed the sentence of the first instance from the confiscation order and ordered that all sums of money, as well as the objects (jewelery), be returned to the defendant. It was argued that there was no evidence of a conviction to show that the proceeds were obtained illicitly, that is, the commission of the offenses, and that the number of jewels did not go beyond a normal framework, and, moreover, they did not even feel that they were bought after committing crimes, from the money thus acquired. At the same time, the statements of the two witnesses (brother-in-law and boyfriend) could not be removed, as they gave the defendant a certain amount of money as they were relatives and friends, there was no need for "writings", the loan being made the basis of the trust relationship.