Legislation broadening the scope for confiscating criminal proceeds took effect 1 July 2011. The aim of the new legislation is to provide the police and the public prosecutor with more effective tools to combat organised crime, including:
- The introduction of an evidentiary presumption, so that if a convicted person is unsuccessful in demonstrating that relevant assets were obtained in a legal manner, such assets are eligible for confiscation by the public prosecutor.
- The seizing of assets from third parties without demonstrating criminal origin. Criminal defendants often try to conceal assets by transferring them to third parties. Under the new legislation, action can be taken to prevent this type of transfer. Under the former law, the public prosecutor had to prove that the assets had a criminal origin. The new legislation does not impose this requirement.
- The investigation of the defendant's assets may be conducted both before and after conviction. The aim of the investigation is to ensure that payment obligations are met.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
