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The questionnaire results and the analysis of the legislation of the ACN countries showed that the proceeds
derived from criminal offence are, to an extent, the objects for confiscation almost in every country.
Thus, according to paragraph 3 of Article 52
of the Criminal Code of
Georgia
, confiscation of criminally
obtained property shall mean gratuitous deprivation from the convicted person of the criminally acquired
property (all property and intangible assets as well as title deeds for property), also of any income from this
property or of property that is equivalent in value. The first category refers to the direct proceeds, and the
second one to the indirect (derivative) proceeds, covering both categories.
In accordance with paragraph 1 of Article 83-1 of the Criminal Code of
Estonia
, a court shall confiscate the
assets acquired through an offence, while the assets obtained directly by means of an offence
constitute the
direct proceeds of crime. In such instance, conditions for application of the confiscation are as follows: 1)
person committed an intentional offence; 2) person acquired the substance through a particular offence; 3)
the substance belong to the person at the time of making the judgment or ruling, or to a third person, in which
case the following additional conditions apply: substance was acquired, in full or in the essential part, on
account of the offender, as a present or in any other manner for a price which is considerably lower than the
normal market price; or the third person knew that the substance was transferred to the person in order to
avoid confiscation. In other words, everything acquired through direct proceeds of crime is considered as
derivative proceeds of crime (paragraph 1-1 of Article 83-1 of the Criminal Code of Estonia). For example,
these are, as follows: profit made from sale of the property acquired
through an offence; property purchased
for the money gained directly from commission of an offence (for example, on account of a monetary bribe);
profit generated by the property acquired through an offence (interest income, investment returns, and etc.).
According to paragraph 1(e) of Article 112 of the Criminal Code of
Romania
, assets acquired by perpetrating
any offense stipulated by criminal law, unless returned to the victim and to the extent they are not used to
indemnify the victim, shall be subject to special confiscation. At the same time, according to paragraph 6 of
the Article, the assets and money obtained from exploiting the assets subject to confiscation as per paragraph
1(e) shall be also confiscated.
In accordance with Article 96-2 of the Criminal Code of
Ukraine
, the money, valuables,
and other property
that have been acquired as the result of an offence and/or comprise the proceeds from such property are
subject to confiscation; and, if it was transformed, fully or partially, into other property, the fully or partially
transformed property will be the subject to confiscation.
In
Armenia
, any property derived or acquired,
directly or indirectly, through commission of an offence, as
well as profit or other benefits made from using such property, (except for the property belonging bona fide
third parties and the property to be used to recover the damages of victim, civil plaintiff) shall be confiscated
(Article 103.1 of the Criminal Code of Armenia).
According to Article 70-11 of the
Latvian
Criminal Code (entered into force on 1 August 2017), the object
of confiscation is the property obtained by criminal means, namely property which has come into the
ownership or possession of a person as a direct or indirect result of a criminal offence. A property which is
at the disposal of such person who
maintains permanent family, economic or other kind of property
relationships with the person referred to in Paragraph two of this Section can also be recognised as a
criminally acquired property, if the value of the property is not proportionate to the legitimate income of the
person and the person does not prove that the property is acquired in a legitimate way. The criminally
acquired property, proceeds of crime which the person has obtained from the disposal of such property, and
also the yield received as a result of the use of the criminally acquired property shall be confiscated, unless
it must be returned to the owner or legal possessor (Part 4 of Article 70-11 of the Criminal Code).
In accordance with the legislation of
Poland
, the gain acquired through assets and rights comprising the gain
must be considered as the pecuniary gain acquired through an offence (paragraph 1a of Article 45 of the
Criminal Code). The most comprehensive reflection of the derivative
proceeds concept, set out in the