ODUZIMANJE IMOVINSKE KORISTI KAO MJERA OBEŠTEĆENJA ŽRTVE TRGOVINE LJUDIMA
CONFISCATION OF THE PROCEEDS FROM CRIME AS A MEASURE OF COMPENSATION FOR VICTIMS OF HUMAN TRAFFICKING

Summary/Abstract: The special measure of confiscation the proceeds from crime is in the function of protecting the injured party if he/she fails to realize a property claim in criminal proceedings. The procedure for confiscation of criminally acquired property benefits is conditioned by the criminal proceedings, because it is necessary that the indictment has been confirmed. The condition for the procedure of confiscation the property benefit is that a criminal offense has been done. Mental disorder, incalculability is obstacle for criminal procedure but is not obstacle for special procedure for confiscation of property. Victims of human trafficking have the right to free legal aid and a defense attorney in criminal proceedings, and they should be informed about these rights immediately during the first questioning. Victims of human trafficking suffer numerous and long-term consequences that negatively affect their mental and physical health because of that victims decide to commit suicide or are killed if they decide to break the chain of abuse. Femicide is a gender-motivated murder that is sanctioned in our law as a heavy murder or as a more serious form of human trafficking, depending on the specific case. Countries which defined femicide as a special criminal offense does not know some circumstances that are not characteristic of heavy murder. On the way to a successful fight against human trafficking is a plea agreement, actually the procedural impossibility of the victims to participate in the conclusion of the plea agreement and proposed necessary measures for the confiscation of property obtained through a criminal act.

• Details
• Contents