Confiscation of Property Gained by Crime - General Considerations and Solutions of the Republic of Serbia Legislation

Abstract

Within the framework of the penal response to organized crime, as well as to other forms of property-motivated crimes, the question of finding the system of adequate sanctioning is of crucial importance, whereas it should take into account that profit gaining is the basic motive for their existence. This is why the contemporary concept of the fight against the property-motivated crimes is based on the postulate to prevent the use of illegally gained proceeds and their confiscation. Considering the fact that vast amounts of money are accumulated through commitment of mercenary crimes, the penal response must be capable of being implemented, not only while providing evidence regarding the particular incriminations and proceeds gained by crime commitment, but it must also be implemented on the entire property of either the organization or the individual, the property which is gained successively, through a number of criminal actions the number of which usually remains undisclosed.

In the Republic of Serbia the confiscation of proceeds and property gained by crime commitment is possible by application of pecuniary penalty, then by confiscation of objects as well as the special measure of confiscation of proceeds gained by crimes. In 2008, the Draft Law on Confiscation of Crime-Related Property has been made, which should soon become an integral part of the positive Serbian legislation. This Draft systematically regulates the above mentioned issues, primarily from organizational and functional aspects, and it also introduces certain novelties, such as financial investigations and shifting burden of adducing evidence.