ISSN 1452-6662
Više od 180 osnovnih i prečišćenih tekstova propisa Republike Srbije prevedenih na engleski jezik.
Grupa: RULE OF LAW (individual rights and law enforcement)
Izdanje: LAW ON CONFISCATION OF PROPERTY DERIVED FROM CRIMINAL ACTIVITY
Published in the Službeni glasnik RS, Nos. 32/13 of 8 April 2013, 94/16 of 24 November 2016 and 35/19 of 21 May 2019
Sekcija: I BASIC PROVISIONS

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  • Article 1

    This Law shall regulate the conditions, procedure and authorities in charge of detection, confiscation and management of the property of natural and legal persons from criminal activities.

  • Article 2

    The provisions of this Law shall apply to the following criminal acts:

    1) organised crime;

    1a) aggravated murder (Article 114, paragraph 1, items 4) and 5) of the Criminal Code);

    2) abduction (Article 134 of the Criminal Code);

    3) showing, procuring and possession of pornographic materials and abuse of minors for pornography (Article 185, paragraphs 2 and 3 of the Criminal Code);

    3a) against intellectual property (Article 199, paragraph 3 and Article 201, paragraph 2 of the Criminal Code);

    4) against property (Article 204, paragraph 4, Article 205, paragraphs 2 and 3, Article 206, paragraph 2, Article 208, paragraph 4, * Article 208b, paragraph 3, Article 214, paragraphs 3 and 4 and Article 217, paragraph 3 of the Criminal Code);

    5) against economy (Article 223 paragraph 3, Article 223a paragraph 4, Article 224 paragraph 3, Article 224a paragraph 3, Article 225 paras. 2 and 3, Article 227 paragraph 3, Article 228 paragraph 3, Article 228a paragraph 3, Art. 230. through 233, Article 235 paragraph 4, Article 236 paragraph 2, Article 238 paragraph 3, Article 241 paragraph 3, Article 242 paragraph 2, Article 243 paragraph 3, Article 244 paragraph 2, Article 244b and Article 245 paras. 2 through 4 of the Criminal Code);

    6) unauthorised production, keeping and placing on the market of narcotics (Article 246, paragraphs 1 through 4 of the Criminal Code);

    7) against public order and peace (Article 348, paragraph 3 and Article 350, paragraphs 2 and 3 of the Criminal Code);

    8) against official duty (Article 359, paragraph 3, Article 363, paragraph 3, Article 364, paragraph 3, Article 366, paragraph 5, Article 367, paragraphs 1 through 3 and paragraphs 5 and 6 and Article 368, paragraphs 1 through 3 and paragraph 5 of the Criminal Code);

    9) against humanity and other resources protected by international law (Article 372, paragraph 1, Article 377, Article 378, paragraph 3, Article 379, paragraph 3, Articles 388 through 390 and Article 393 of the Criminal Code).

    The provisions of this Law shall apply to cases of criminal acts referred to in Article 114, paragraph 1, items 4) and 5), Article 134, Article 185, paragraphs 2 and 3, Article 199, paragraph 3, Article 201, paragraph 2, Article 205, paragraph 3, Article 206, paragraph 2, Article 214, paragraph 4, Article 217, paragraph 3, Article 228 paragraph 3, Art. 230 through 233, Article 235 paragraph 4, Article 236 paragraph 2, Article 238 paragraph 3, Article 244b, Article 245 paras. 3 and 4, Article 348, paragraph 3, Article 350, paragraphs 2 and 3, Article 366, paragraph 5, Article 367, paragraphs 1 through 3 and paragraphs 5 and 6, Article 368, paragraphs 1 through 3 and paragraph 5, Article 372, paragraph 1, Article 377, Article 378, paragraph 3, Articles 388 through 390 and Article 393 of the Criminal Code where the material gain acquired through a criminal act, i.e. the value of the object of a criminal act exceeds the amount of one million and five hundred thousand dinars.

  • Article 3

    Individual terms used in this Law shall have the following meanings:

    1) property shall be considered to include the assets of all types in the Republic of Serbia or abroad, either material or non-material, movable or immovable, evaluable or of invaluably great value, shares in a legal entity and documents of any form whereby the title or interest relating to such assets is proven. Property shall also be considered to include income or other gain realised, either directly or indirectly, from a criminal act, as well as the assets in which it has been transformed or with which it has been mixed;

    2) property derived from a criminal activity shall be considered to be the property of an owner that is obviously disproportionate to his/her legitimate income;

    3) confiscation shall be considered to be temporary or permanent confiscation of the property derived from a criminal activity from its owner;

    4) owner shall be considered to be the accused, the accused associate, a testator, a legal successor or a third person;

    5) the accused shall be considered to be the suspect, a person against whom criminal proceedings are instituted or a person convicted for a criminal act referred to in Article 2 of this Law;

    6) accused associate shall be considered to be a witness collaborator, accused associate and convicted associate;

    7) testator shall be considered to be the person against whom criminal proceedings are not instituted or alternatively are suspended due to his/her death, and where it has been determined in the criminal proceedings against other persons that he/she committed a criminal act referred to in Article 2 of this Law jointly with such persons;

    8) third party shall be considered to be a natural or legal person to whom the property derived from a criminal activity has been transferred;

    9) legal successor shall be considered to be an inheritor of the convicted person, witness collaborator, testator, a third party or of their inheritors.