Montenegro
on Seizure and Confiscation of Pecuniary gains Deriving
from Criminal Activity, pecuniary gain may be confiscated from the offender provided for reasonable
suspicion that it has been acquired through crime activity, and the offender cannot provide credible
justification of the legitimate source of its origin (extended confiscation), and the offender had been
convicted of one of the crimes specified therein (including crimes against property and official misconduct).
Specified benefit is also subject to seizure and confiscation from the predecessors, transferees and family
members of the offender, as well as from third persons.
If pecuniary gain is obtained through crime for other person, it is also subject to confiscation. If extended
confiscation of pecuniary gain itself is not possible, value of the confiscated assets is to be equal to the value
of pecuniary gain deriving from crime (confiscation of property of an equivalent value). After the sentences
takes effect, under which the accused has been convicted for committing the crime stipulated in paragraph 1
of Article 2 of the Law, the prosecutor, not later than within a year from that date, is to apply to the court for
confiscation of pecuniary gain that has been obtained through crime and from the owner that cannot provide
proof of original document or in other way that the source of property is legitimate. Board of judges is to
consider such application in accordance with the rules of criminal procedure and decide on the merits of such
application. Application by the prosecutor shall in particular describe evidence of material gain from criminal
activity or demonstrate explicit inconsistency between value of the property (amount free of paid debts and
other payments) and legitimate income of property owner (Article 36 of the Law). Decision for confiscation
or rejection of the application of the prosecutor may be appealed.
The Law of
Serbia
on Seizure and Confiscation of the Proceeds from Crime establishes similar procedure
of extended confiscation under similar conditions of application. Thus, it is applied to all corruption offences
specified in the Law (primarily aggravating circumstances thereof), and money laundering, if value of
instrumentalities and proceeds of such crimes exceeds 1.5 million dinars (Article 2). It is also preceded by
financial investigation held by the prosecutor, and mandatory condition for application is conviction of the
accused. Peculiarity of the system of Serbia is that confiscation can be imposed both on a convicted person
and assisting witness.
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