In a money laundering case, the charged offense, the origin of the assets, and the measures by which they can be made unavailable or confiscated must be analyzed separately. Seizure does not mean that the assets have already been confiscated; the mere possession of a valuable asset does not, by itself, prove the criminal origin.

What is money laundering

Article 49 of Law no. 129/2019 describes three categories of acts, if the author knows the criminal origin of the goods:

  • the change or transfer of goods in order to conceal or disguise their illicit origin or to help the perpetrator of the source crime to avoid prosecution, judgment or execution of the punishment;
  • the concealment or disguise of the nature, origin, location, movement, disposition or ownership of goods or rights over them;
  • the acquisition, possession or use of goods by a person other than the perpetrator of the crime from which they originate, with knowledge of that origin.

The law provides for imprisonment from 3 to 10 years and punishes attempted possession. The classification depends on the specific act, proven knowledge, and the connection to the crime from which the goods originate. For some situations, the law provides for aggravating circumstances; there is no automatic increase in the sentence simply because the case is complex or involves many assets.

The precautionary seizure: what effect does it have

According to Article 249 of the The Code of Criminal Procedure, The prosecutor, the preliminary chamber judge or the court may, on reasoned grounds, order precautionary measures to prevent the concealment, destruction or alienation of property that may be confiscated or that may guarantee the fine, the judicial costs or the compensation for damage. The measure makes the property unavailable by means of attachment.

Seizure is a temporary measure, subject to procedural control. It does not establish guilt and does not automatically transfer property to the state. The extent of the measure and the assets involved must be related to the legal purpose; the interested person may use the means of contesting provided by law.

Special confiscation and extended confiscation

Article 112 of Criminal Code It allows the special confiscation, under the law, of goods produced through an act, used or intended to be used in the commission of the act, given for the commission or reward of the act, as well as of goods acquired through the crime, if they are not returned to the harmed person and do not serve to compensate it. The regime depends on the nature of the good, the owner and the concrete circumstances.

The extended confiscation, regulated by Article 112¹, concerns other goods than those directly related to the act judged. It can only be ordered after a conviction for an offense capable of producing material gain, sanctioned by law with imprisonment of at least 4 years, if the court finds that the goods originate from criminal activities. The law establishes a reference period of 5 years prior to and, as the case may be, subsequent to the act, until the referral to the court. There may also be effects on some goods transferred to third parties, if the legal conditions are met.

Therefore, the authorities must distinguish between the assets directly related to the crime and those analyzed within the framework of the extended confiscation. The value of the assets or the difference between income and patrimony may count in the court’s assessment, but they do not replace the legal conditions and the examination of the evidence.

What evidence and documents can count

Depending on the accusation and the assets involved, bank statements, contracts, invoices, accounting records, tax documents, property deeds, transfer history, and explanations regarding the source of the funds may be relevant. For each transaction, it matters who carried it out, what they knew at that moment, and what the result of the entire evidence is.

A useful analysis separates chronologically the transactions, the persons and companies involved, the assets acquired and the measures taken. Documents regarding lawful income, loans, sales or donations must be kept in a verifiable form. Do not modify or delete any evidence that may be relevant to the case file.

What can the injured people do?

The injured person may request the repair of the damage under the criminal and civil procedures. The protective measures can contribute to ensuring compensation, but the actual recovery depends on evidence, the identified assets, and the final resolution. Confiscation does not automatically mean that the victim’s damages have been paid.

Sources and legal assistance

See the consolidated forms of Law no. 129/2019, of the Criminal Code and of the Code of Criminal Procedure. In a specific case, the verification of the instrument of attachment, the indicated assets, and the time limit for contesting the attachment must be done based on the documents received. For assistance in criminal cases, consult the page Criminal lawyer.