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In
Romania
, only those corruption crimes fall under the extended confiscation crimes (Article 112-1 of the
Criminal Code) that could have yielded a pecuniary gain and that entail the imprisonment up to 4 years and
more by the law for commission thereof (including bribery and money laundering).
In
Bosnia and Herzegovina
, the extended confiscation of proceeds of crime, according to Article 110a of
the Criminal Code, covers the criminal proceedings which involve the criminal offences set forth under
Chapters XVII, XVIII, XIX, XXI, XXI A and XXII of the Code. The court may issue a decision under Article
110, paragraph 2, and confiscate the property gain, income, profit or other benefits resulting from the
proceeds of crime for which the prosecutor provided sufficient evidence to reasonably believe that such
property gain was acquired by the perpetration of these criminal offences, while the perpetrator failed to
prove that the gain was acquired in a lawful manner. In addition, in the event that during the course of the
criminal proceedings no requirements set by law have been met for confiscation of the property gain, income,
profit or other benefits resulting from the proceeds of crime, the proceeds of crime confiscation request may
be filed during civil proceedings.
The legislation of
Montenegro
provides that extended confiscation may be applied only with respect to the
corruption offences included into the exhaustive list of the Law on Seizure and Confiscation of Pecuniary
Gains from Criminal Activity (Article 2). In
Croatia
, this type of confiscation is extended to the corruption
offences that pertain to the competence of the Office for the Prevention of the Corruption and Organised
Crime, subject to the pecuniary gain such offences resulted in. In
Serbia
, the extended confiscation covers
the corruption offences listed in the Law on Seizure and Confiscation of the Proceed from Crime (notably,
with aggravated elements prevailing), if the instrumentalities or the material gain acquired from crime
exceeds the amount of one million five hundred thousand dinars (Article 2).
The extended confiscation is not applied (with respect to corruption offences and in general) in the criminal
procedure in such countries of the ACN as Azerbaijan, Armenia, Georgia, Slovenia, Ukraine, Kyrgyzstan.
That said, countries like Georgia, Slovenia, and Ukraine apply the confiscation in the civil procedure.
In some countries of the ACN (Armenia, Latvia, Kyrgyzstan, Ukraine), corruption offences do not come
under the confiscation regime as sanctions, which raises doubts both in terms of proportionality and
efficiency. For instance, many of the corruption offences, which come under this regime, entail confiscation
only when their aggravated elements have been committed (under aggravating circumstances), they refer to
the offences of a particular gravity or envisage an alternative sanction (with or without assets confiscation),
which may entail additional corruption risks. For example, giving bribe (Article 323 of the Criminal Code
of Latvia) entails a confiscation under paragraphs 2 and 3 of this Article (aggravated elements of giving
bribe) and, in each case, as an alternative (with or without property confiscation).
The questionnaire showed that the laundering of corruption proceeds entails a confiscation merely to the
same extent and terms as described above in respect of corruption offences.
The laundering of corruption proceeds entails a compulsory confiscation in such countries as Georgia,
Estonia, Lithuania, Moldova, Romania, Montenegro, Croatia, Slovenia, Serbia (special and, depending on
the country, extended or civil forfeiture; subject to aforementioned conditions). Such laundering will entail
the special confiscation in Azerbaijan, whereas in Ukraine – the property confiscation as a sanction. In
Armenia, Kyrgyzstan, and Latvia, the legislation provides a punishment in form of the confiscation of
property for laundering of corruption proceeds, but such punishment either refers to aggravated elements
(Article 190 of the Criminal Code of Armenia, Article 183 of the Criminal Code of Kyrgyzstan) or represents
an alternative option (Article 195 of the Criminal Code of Latvia).
Latvia
additionally clarified that, since 1
August 2017, Article 70-11 of the Criminal Code defines ‘laundered property’ or ‘property obtained in a
criminal way’ and that such property is subject to mandatory confiscation based on this provision. It covers
both property that came into the ownership or possession of a person directly or indirectly as a result of a
crime and (in the case of crimes that involved obtaining financial or other benefit) property the value of
which does not correspond to the legitimate income of the person, whereas the person cannot prove that it
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