Special forms of criminal property confiscation

In: Zbornik Matice Srpske za društvene nauke: Proceedings for social sciences, Heft 141, S. 625-639

Abstract

Confiscation has existed in the domestic legal system for more than half a
century. Considering limitations in practical implementation of this
principle, espe?cially in the context of fighting against organized crime,
the domestic legislator has recently offered new solutions for ?criminal
property? confiscation in the form of criminal property confiscation
procedure regulated by a special law. In this sense, this paper ana?lyzes the
specific characteristics of organized crime phenomena, which require a
different approach compared to the standard solutions in this area,
criticizing such solutions, as well as the state of the local law and
practice that preceded the adoption of the above mentioned regulation. The
author concludes that criminal property confiscation may be considered as a
desirable instrument in the fight against organized crime, whereby we should
be careful in creating the related normative and legal framework, thus
avoiding numerous negative effects that may challenge its creators. He also
points out the international element that has significant influence in the
design and practical implementation of the national models.