Proceeds from Crime as a Type of Property Subject to Confiscation

Rasa Paužaitė

Abstract


The author of the present article analyses the conception of one of the types of seizable property, namely, the property acquired by criminal activity and the conditions for its confiscation. The problems of the regulations of the Criminal Code of the Republic of Lithuania and the judicial practice regarding the property acquired by criminal activity are disclosed. A conclusion is drawn that the definition of this type of seizable property established in Article 72 of the CC is too narrow, does not cover all possible forms of unjust enrichment and does not meet the international and the EU statutory requirements. The Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime adopted by the Council of Europe in 1990 binds the countries to take all requisite measures for the confiscation of proceeds from crime or property the value of which corresponds to such proceeds (the proceeds mean any economic benefit directly or indirectly received from committing a crime).

Keywords


confiscation of property; property acquired by criminal activity; proceeds from crime; subject of crime; indirect proceeds

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236