On January 23, 2018, the Law on Anti-Corruption and deprivation of illegally acquired property entered into force. It contains a number of imperfections and can be considered to contradict to Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
“Confiscation” within the meaning of the Directive means the confiscation of property after a judgment in force in respect of specific crimes, while respecting all the rights and principles guaranteed by the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
According to the new Law, a property can be deprived if there is not established legitimate source for its acquisition. The law does not require the existence of a judgment in force, nor a connection between the confiscated property and the offense committed.
It should be taken into consideration that the State is responsible for damages caused by unlawful acts, acts or omissions of authorities and officials under the Law for Anti-Corruption and deprivation of illegally acquired property.
In this regard, coming soon an extended article on the current topic and the issues in question.