Property will be confiscated before the verdict becomes final, and for illegal enrichment of officials, up to eight years in prison

The Ministry of Justice has announced a public debate program regarding the Draft Law on Amendments to the Law on Confiscation of Proceeds of Crime.

The public hearing also included the Bill on Amendments to the Criminal Code, which introduces a new criminal offense - Illicit Enrichment in Connection with the Performance of Public Function

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Illustration, Photo: Shutterstock
Illustration, Photo: Shutterstock
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The Ministry of Justice has announced a public debate program regarding the Draft Law on Amendments to the Law on Confiscation of Proceeds of Crime.

"This Draft Law improves the efficiency of the system of temporary and permanent confiscation of proceeds of crime, primarily through the amendment of Article 2 of the current law, which enables the confiscation of proceeds of crime worth at least 50.000 euros even before the verdict becomes final, that is, after the indictment is confirmed or the main trial is scheduled in a summary procedure," the statement reads.

"Linking the possibility of submitting a request for permanent confiscation of property gains to the moment of issuing a decision confirming the indictment (or in the summary procedure, to the moment of scheduling the main trial) is justified since these procedural actions establish the existence of formal and legal conditions for conducting criminal proceedings before the court," the Ministry of Justice added.

In accordance with this amendment, as they said, a new article has been added that allows for the seizure of property that has already been frozen under the provisions of the new law, as soon as the indictment is confirmed.

"This will ensure that millions of euros worth of blocked assets of organized crime groups do not wait for the end of lengthy court proceedings, but are placed under state control in a timely manner and used to protect the public interest," they explained.

More information about the public hearing is available on this link.

At the same time, the Ministry of Justice published for public debate the Draft Law on Amendments to the Criminal Code of Montenegro, which introduces a new criminal offense - Illicit Enrichment in Connection with the Performance of Public Function.

This criminal offense, as explained, introduces severe penalties for public officials who own assets clearly disproportionate to their lawful income.

Illegal enrichment above 50.000 euros will be punishable by imprisonment, while larger sums can bring up to eight years in prison, with mandatory confiscation of property, including that acquired through related parties.

"These changes send a clear message: disproportionate asset ownership will no longer be tolerated, and citizens' trust in institutions must be protected," the Ministry of Justice said.

More about the public debate on this link.

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