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intermingled with property acquired from legitimate sources, then the part of property, which corresponds
to the appraised value of the intermingled proceeds, is subject to confiscation. Such measures for confiscation
in a similar way and at such very extent as in relation to the proceeds of crime are to be taken towards profits
and other benefits, which have been received as a result of such proceeds of crime, from the property they
had been transformed or converted into (paragraphs 1, 4, 5, 6 of Article 31 of the Convention).
In accordance with paragraph 1 of Article 3 of the Warsaw Convention, the Parties adopt legislative and
other required measures providing for confiscation
of instruments, legalized assets and proceeds of crime or
the property, value of which corresponds to such proceeds. Rule of similar content is set forth in paragraph
3 of Article 19 of the Council of Europe Criminal Law Convention on Corruption of 1999.
Article 4 of the Directive 2014/42/EU of the European Parliament and of the EU Council, dated 3 April
2014, on the freezing and confiscation of instrumentalities and proceeds of crime in the European
Union
directly binds member states to take necessary measures for confiscation (fully or partially) of the
instrumentalities and proceeds or the property, value of which corresponds to the value of such
instrumentalities or proceeds arising from final conviction for criminal offence,
in absentia
including. In the
event such confiscation (arising from conviction) cannot take place, and as a minimum in those events, when
confiscation cannot be carried out due to illness or escape of a person suspected or accused
of a crime,
member states are to take necessary measures for confiscation of instrumentalities and proceeds in cases,
under which criminal proceeding related to crime which could result, directly or indirectly, in material benefit
and could
lead to criminal conviction, if the suspected or accused person would be brought before the trial
court.
Moreover, Article 6 of the Directive of the EU sets forth such obligation for confiscation of the property of
third persons, subject to certain conditions. Thus, in accordance with this rule, member states are to take
necessary measures in order to ensure the possibility of confiscation of the proceeds and other property,
value of which corresponds to these proceeds, directly or indirectly transferred by the suspect or the accused
to third persons, or acquired by third persons from the suspects or the accused persons, at least in those
events, when these third persons were aware or must have been aware that a purpose of such transfer or
acquisition was evasion from confiscation based on the concrete facts
and under the circumstances, such as
transfer or acquisition without payment or in exchange of an amount, which is considerably lower than the
market value.
Among the ACN countries criminal confiscation of instrumentalities and proceeds of crime (special
confiscation) is envisaged to date in such countries as Azerbaijan, Armenia, Bosnia and Herzegovina,
Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Romania, Serbia, Slovenia, Ukraine, Croatia,
Montenegro, Estonia and other countries.
Thus, in accordance with Article 83 of the Criminal Code of
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