Fiches Belges

Criminal Code determines the conditions for confiscation of property gains, acquired by the criminal offence. Nobody may retain the pecuniary gain acquired through or owing to the committing of a criminal offence. The pecuniary gain is confiscated by a court decision, with which it was established according to the conditions laid down in the Code, that the criminal offence was committed. The Criminal Code stipulates the objects, which were used or intended for the perpetration of a criminal offence or gained through a criminal offence, may be confiscated if they belong to the perpetrator. For reasons of general security or morality the objects in question may be confiscated even if they do not belong to the perpetrator if the rights of other persons to claim damages from the perpetrator are not thereby affected. The Criminal Code also stipulates that the statute may provide for compulsory confiscation of objects even if the objects in question do not belong to the perpetrator. The Criminal Code lies down the basis for confiscation of proceeds from crime. Money, valuables, and other proceeds gained through or owing to the commission of a criminal offence shall be confiscated from another beneficiary (3rd person) who is not the perpetrator. If the said proceeds gained through a criminal offence cannot be confiscated, the Criminal Code provides a possibility that other property equivalent to the proceeds of crime to be confiscated. This provision protects the rights of innocent third parties and stipulates the confiscation of property benefits when they were transferred to relatives unless they can demonstrate that they paid its actual value. In this instance the reversal of the burden of proof has been used successfully. National legislation dealing with the liability of legal entities for criminal offences also regulates the possibility of confiscation of proceeds from a legal person. Objects, which pursuant to the Criminal Code may or have to be confiscated, shall be confiscated even when criminal proceedings do not end in a verdict of guilty if there is a danger that they might be used for a criminal act or where so required by the interests of public safety or by moral considerations. The owner of the objects is entitled to appeal against the decision if he considers that statutory grounds for confiscation do not exist.

Regulation (EU) 2018/1805 of 14 November 2018 on the mutual recognition of freezing and confiscation orders; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; European Convention on Mutual Assistance in Criminal Matters (1959) with Additional Protocols; Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime; Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (Warsaw Convention); United Nations Convention Against Transnational Organized Crime (UNTOC, Palermo Convention) Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders; Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

An investigating judge shall have jurisdiction over recognition of a confiscation order. The territorial jurisdiction of a court shall be determined according to the place where the property which is the subject of execution is located. If multiple assets or objects are indicated in the request concerning property, territorial jurisdiction shall be determined according to the first item indicated for execution. If territorial jurisdiction cannot be determined, it shall be determined according to the permanent or temporary residence of the person against whom confiscation is ordered; for a legal person it shall be determined according to its registered office, or, if such legal person has a branch office, according to the place of its branch office. If territorial jurisdiction cannot be determined, the District Court of Ljubljana shall have jurisdiction.

Slovenian and English

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Usually, the Court makes a decision regarding this measure at the end of the criminal proceedings when issuing a judgment. The Court may decide that proceeds are confiscated, partly confiscated or that they are not confiscated. Also "in rem" procedure is possible. The measure is executed according to the procedure prescribed in the Slovene Criminal Procedure Code unless an international agreement or other international or bilateral act prescribes a different procedure.