THE SECURITY MEASURES IN THE CODE OF CRIMINAL PROCEDURE, AS PROVIDED IN ART. 91-A, OF THE PENAL CODE AND THE (POSSIBLE) UNCONSTITUTIONALITY OF THE DEVICES

Abstract

This article was dedicated to analyzing the security measures in the criminal procedure code and the provisions of art. 91-A, of the criminal code, in order to address the possible unconstitutionality of the provisions. Based on bibliographical-documentary research, we seek to analyze the criminal procedural system and patrimonial measures, the historical-cultural phenomena that permeate them and the concepts and implications of the institute under study. The results achieved clearly demonstrate the incompatibility of the application of the institutes with the constitutionally guaranteed presumption of innocence, since the burden of proof regarding the illegality of the assets must fall, obviously, on the State and its entire organized criminal prosecution apparatus, and not the individual. It is concluded that there is an emergency in re-reading the device, perhaps in declaring its unconstitutionality.