REUSE OF CONFISCATED PROPERTY IN THE LEGISLATION AND PRACTICE IN BOSNIA AND HERZEGOVINA Cover Image

PONOVNA UPOTREBA ODUZETE IMOVINE U ZAKONODAVSTVU I PRAKSI U BOSNI I HERCEGOVINI
REUSE OF CONFISCATED PROPERTY IN THE LEGISLATION AND PRACTICE IN BOSNIA AND HERZEGOVINA

Author(s): Sanela Kovačević
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: crime; confiscation of assets in criminal proceedings; reuse of property;

Summary/Abstract: Forfeiting the income gained from criminal activities would reduce the potential profit from commissioning criminal acts, and engaging in criminal activities would become a less lucrative and therefore less attractive activity. Therefore, this could and should be a significant general preventive measure in the fight against crime. The paper analyzed the legal regulations regarding the reuse of proceeds of crime within Bosnia and Herzegovina and made a brief presentation on positive practices from the region and Europe. Following the analysis of the norm, the practice of competent bodies for the management of confiscated assets in the entities and Brčko District was also analyzed.This way, we wanted to test the hypothesis of this research, which read: the question of the reuse of confiscated assets needs to be more comprehensively defined by legal norms, and through the prescribed powers of the competent authorities, a wider spectrum of ways of reusing confiscated assets should be determined, order them to be more transparent in their work, and cooperate with civil society. The hypothesis was confirmed by the analysis of the norm and the empirical research of the practice of competent authorities. The analysis of legal norms, as well as the research results, indicate the need and useful guidelines for upgrading the current legal framework in the entities, with the use of good practices of neighboring countries and Europe. It is necessary to make the work of competent authorities more transparent and ensure the re-use of confiscated assets in the social community in many ways to increase citizens’ trust in this process.

  • Issue Year: 9/2023
  • Issue No: 2
  • Page Range: 87-110
  • Page Count: 26
  • Language: Bosnian