CONFISCATION OF PROCEEDS OF CRIME IN THE LEGISLATION OF MONTENEGRO

  • Darko Radulovic, PhD Faculty of Law in Podgorica

Apstrakt

Subject of analysis of this article are four sets of questions. At the beginning of article author issuing importance of measures of confiscation of proceeds from crime, especially when it comes to certain forms of crime, such as organized crime. This part is dedicated to a possible legal regulation framework of the issue. Through second question author gives the review of international documents as a legal basis for regulation of this legal institute in to national law, displaying certain international standards such as property, pecuniary gain, burden of proof, etc. Thet hird issue that is the subject of the analysis is the question of the legal nature of the measures of confiscation of proceeds from crime. Here, author gives his own opinions with appropriate arguments and the opinions of other authors. The fourth issue continuing with the legal regulation of confiscation in Montenegro and it is divided in to two parts. The first part deals with the regular confiscation of the proceeds of criminal offense for which has so farexisted in the legislation of Montenegro. The second part deals with the confiscation of property suspected that it was acquired illegally, so-called extended confiscation of proceeds. This property is not acquired by offense being prosecuted than other criminal activity, and is on the defendant the burden of proof. He needs to present authentic documents or in the absence of these documents in another way to prove the lawful origin of the property.

Objavljeno
2014-04-30
Sekcija
Pregledni naučni rad