Open AccessSpecial forms of criminal property confiscation
Author(s) -
Oliver Lajić
Publication year - 2012
Publication title -
zbornik matice srpske za društvene nauke/zbornik matice srpske za društvene nauke
Language(s) - English
Resource type - Journals
eISSN - 2406-0836
pISSN - 0352-5732
DOI - 10.2298/zmsdn1241625l
Subject(s) - confiscation , legislator , normative , property (philosophy) , context (archaeology) , law , criminal law , political science , law and economics , business , element (criminal law) , criminal procedure , sociology , legislation , geography , philosophy , archaeology , epistemology
Confiscation has existed in the domestic legal system for more than half a century. Considering limitations in practical implementation of this principle, especially in the context of fighting against organized crime, the domestic legislator has recently offered new solutions for “criminal property” confiscation in the form of criminal property confiscation procedure regulated by a special law. In this sense, this paper analyzes the specific characteristics of organized crime phenomena, which require a different approach compared to the standard solutions in this area, criticizing such solutions, as well as the state of the local law and practice that preceded the adoption of the above mentioned regulation. The author concludes that criminal property confiscation may be considered as a desirable instrument in the fight against organized crime, whereby we should be careful in creating the related normative and legal framework, thus avoiding numerous negative effects that may challenge its creators. He also points out the international element that has significant influence in the design and practical implementation of the national models. [Projekat Ministarstva nauke Republike Srbije, br. 179045: Razvoj institucionalnih kapaciteta, standarda i procedura za suprotstavljanje organizovanom kriminalu i terorizmu u uslovima međunarodnih integracija