ПРОШИРЕНО ОДУЗИМАЊЕ ИМОВИНСКЕ КОРИСТИ У КРИВИЧНОМ ЗАКОНОДАВСТВУ ЦРНЕ ГОРЕ
EXTENDED CONFISCATION OF PROCEEDS OF CRIME IN THE LEGISLATION OF MONTENEGRO

Summary/Abstract: Subject of analysis of the article is one of the most important questions in modern legislation so called extended confiscation of proceeds of crime, which does not derive from a criminal offense as subject of criminal proceedings. The author analyze the most important issues related to this problem as well as international legal standards that have been used as the basis for the regulation of this issue into national legislation. In national legislation that can be regulated or by special law or under the Criminal Code and the Code of Criminal Procedure. The second solution was adopted in the legislation of Montenegro. The Criminal Code prescribes the offenses which can be applied to extended confiscation and the time period for which investigating the status and origin of property.The Code of Criminal Procedure regulates the issue of temporary confiscation in order to ensure the execution of the decision on confiscation of assets illegally acquired and question of permanent confiscation of illegally gained property. Especially interesting is the question of burden of proof on the defendant to prove the legal origin of the disputed property, and the question of how it is consistent with the presumption of innocence.

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