Slovenia
, the civil forfeiture of unjustified assets does not directly depend on
conviction of a person, and is applied with respect to corruption offences, such as giving and accepting
bribes, accepting benefits for illegal mediation, giving presents for illegal interference, other intentional
crime that entails imprisonment up to 5 years or more, if such crime gave rise to the property of suspicious
origin, and subject to the person being suspected of owning the assets of suspicious origin to the amount
exceeding EUR 50 000 (Forfeiture of Assets of Illegal Origins Act - FAIOA).
All corruption crimes entail the special confiscation, in other words, the confiscation of instrumentalities and
proceeds of crime in criminal law in countries of the ACN, such as Lithuania (Article 72 of the Criminal
Code), Estonia (Articles 83 and 83-1 of the Criminal Code), Moldova (Article 106 of the Criminal Code),
Ukraine (Articles 96-1, 96-1 of the Criminal Code, applicable for intentional crimes, which entail the primary
punishment of imprisonment or penalty exceeding a certain amount, and for crimes in the extended list of
Part I of Article 96-1 of the Criminal Code of Ukraine), Romania (Article 112 of the Criminal Code),
Montenegro (Article 113 of the Criminal Code), Croatia (Articles 77 and 79 of the Criminal Code), Serbia
(Articles 87 and 91 of the Criminal Code), Slovenia (Articles 73 and 74 of the Criminal Code), Azerbaijan
(Article 99-1 of the Criminal Code), Armenia (Article 103.1 of the Criminal Code), Kyrgyzstan (Article 52
of the Criminal Code), Bosnia and Herzegovina (Article 74 of the Criminal Code).
The commission of all or particular corruption crimes may entail the extended confiscation (applied to the
property belonging to the person brought to justice and/or informed third person, the value of which clearly
does not match the legal income of such person) in criminal law in some of the following countries: Lithuania
(Article 72-3 of the Criminal Code), Estonia (Article 83-2 of the Criminal Code), Moldova (Article 106-1 of
the Criminal Code), Romania (Article 112-1 of the Criminal Code), Montenegro (Law on Seizure and
Confiscation of Pecuniary Gains from Criminal Activity), Croatia (Article 78 of the Criminal Code), Serbia
(Law on Seizure and Confiscation of the Proceed from Crime), Bosnia and Herzegovina (Article 110a of the
Criminal Code).
At the same time in
Lithuania
, the extended confiscation is applied to less serious, serious or grave
premeditated crime, which resulted or could have resulted in a pecuniary gain. In
Estonia
, the extended
confiscation used to be applied, in the event of conviction of a person for imprisonment for at least 1 year,
until 10.01.2017, when that limitation was lifted. However, as is it seen from the Criminal Code of Estonia,
the application of this type of confiscation required the option thereof to be envisaged by the sanction of an
article of the Criminal Code (thereby, the application of the extended confiscation is applicable to corruption
crimes, such as accepting and giving bribe, bribery in the private sector (active and passive), misuse of funds
and fraud by a public official).
In
Moldova
, the extended confiscation covers the crimes, enlisted extensively in paragraph 1 of Article 106-
1 of the Criminal Code, committed out of self-interest (all of the corruption cases are included in that list).
48
Do'stlaringiz bilan baham: |