Oduzimanje imovine proistekle iz krivičnog dela u srpskom pravnom poretku – manjkavosti zakonske regulative i praktični efekti
Confiscation of assets derived from criminal offences in Serbian legal system – lacks of legislation and practical effects

Author(s): Gordana Krstić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Public Law, Evaluation research, EU-Accession / EU-DEvelopment
Published by: Fondacija Centar za javno pravo
Keywords: Serbia; criminal act; confiscation of assets; legislation; flaws; practical effects;
Summary/Abstract: Confiscation of assets derived from criminal offences is a key instrument for combating against general and organized crime. It is conducted in specific process, that is complementary to criminal proceedings with the aim to enable the suspects to use or transfer property and other proceeds derived from the criminal offences. The Prosecutor’s Office initiates financial investigation in cooperation with the Financial Police Unit in order to identify, trace and freeze assets, and then submit the request for seizure of property, which is temporary and then the request for confiscation, which is permanently. The sort of these requests depends on the phase of criminal proceedings. This paper analyses actual legislative solutions, conditions for confiscation of assets and the ways how competent authorities deal with this legal tool. Also it is examined the international cooperation for purposes of confiscation and that is very significant. Efficient confiscation of assets which originate from criminal activities is one of the ultimative goals that the Republic of Serbia has to achieve in order to assess to the European Union. In this field legislative measures were made, but it is also imperative to take actions by a competent authorities in procedures of confiscation of the assets, to consider correctly all relevant evidences and to decide if the property is in accordance with lawful earnings or not. That is very responsible and demanding task and it will have a huge impact in evaluation and increasing the capacity of Serbian judiciary.

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