Oduzimanja imovine proistekle iz kriminalnih aktivnosti u Republici Srbiji (ustavnopravni aspekt)
Confiscation of the property that originates from criminal activities in Republic of Serbia (Constitutional aspect)

Summary/Abstract: The paper deals with the confiscation of the property that originates from criminal activities, its legal nature and particularities in evidential procedure. Serbian law allows its confiscation, if the owner does not prove its legality, what is in the line with the solutions in other countries. The purpose of this paper is to examine compatibility of this institute with the basic rights like rights to the fair trial, rights to the property and prohibition of the retroactive application of criminal law. The author used domestic and foreign legal theory and decisions of the European Court for human rights and Constitutional Court of Serbia.Particular attention is given to the various reflection of the right on the property that is guaranteed by the ECHR and the same, but differently defined right from the Serbian Constitution.

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