KONFISKUOTINO TURTO (NUSIKALSTAMOS VEIKOS PADARYMO PRIEMONĖS) VERTĖS IŠIEŠKOJIMAS
RECOVERY OF THE VALUE OF PROPERTY USED AS INSTRUMENTALITIES OF A CRIMINAL OFFENCE

Summary/Abstract: This article analyses the provision of the Criminal Code of the Republic of Lithuania governing the recovery of the value of property subject to confiscation. The recovery of such value is a criminal law measure that contributes to achieving the purposes of punishment and ensures that criminal activities become economically unprofitable. A criminal measure imposed on an offender, like a penalty, must be individualized; therefore, it must not only serve a repressive function but also be proportionate and fair. Although the legislator has not provided for the possibility of recovering only part of the amount corresponding to the value of property subject to confiscation, the Supreme Court of Lithuania has clarified in its case law that, in order to uphold the principle of the rule of law, courts may, taking into account the circumstances of the criminal offence, the characteristics of the offender, and other relevant circumstances of the case, decide on the recovery of only part of such value. In determining the amount to be recovered, courts should in all cases also assess the offender’s financial situation in order to ensure that the imposed measure complies with the principles of justice, proportionality, and the rule of law. The article also examines whether an amount of money corresponding to the value of property, including VAT, is consistent with the concept of property value.

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