Forfeiture of proceeds of crime in Bosnia and Herzegovina with special reference to the conduct of a financial investigation
Forfeiture of proceeds of crime in Bosnia and Herzegovina with special reference to the conduct of a financial investigation

Summary/Abstract: An efficient and energetic fight against crime, especially against specific forms of organized crime, which, by its nature, implies the acquisition of property benefits obtained through criminal offenses, at the same time implies and obligates the timely and efficient initiation and conduct of financial investigation. This investigation is an effective means of forfeiture of the proceeds of crime and is usually conducted in the phase of conducting a classic investigation when certain conditions are met, from which it follows that its initiation, implementation and conduct is not conditioned by raising and confirming of an indictment. The competent prosecutor of Bosnia and Herzegovina independently and autonomously decides on the initiation and conduct of financial investigation, so that it is not necessary to obtain any prior consent, approval or order from the competent court. The management and supervisory role during the conduct of financial investigation belongs to the competent prosecutor, who orders its conduct by issuing an order. In the implementation or enforcement sense, authorized police officers have a key and dominant role in timely, efficient and legal conduct of financial investigation, which includes the discovery of proceeds of crime, and the collection of necessary evidence for the efficient conduct and conclusion of criminal proceedings. The Criminal Procedure Code of Bosnia and Herzegovina does not specifically regulate financial investigations. This investigation is prescribed by special laws (lex specialis) at the level of the Entities of the Federation of BiH and the Republika Srpska, as well as Brčko District of BiH. However, at the state level, although the law does not directly define the initiation and conduct of financial investigation, it derives from the general concept of the investigation, so that it is applied when it comes to criminal offenses that involve the proceeds of crime.

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