| Abstract [eng] |
Problems of the application of confiscation and extended confiscation Silvija Rudinskaitė Confiscation of property and extended confiscation of property are criminal measures that restrict a person's right to own property. The improper application of these measures may unduly restrict a person's right to property, violate the principle of proportionality and, in the case of extended confiscation, even breach the presumption of innocence. The Master's thesis highlights the regulation of confiscation and extended confiscation in international, European Union and national law and compares the regulations. The conformity of the regulation of Article 72 of the BK and Article 723 of the BK with international and European Union law is analysed, analysis shows that the national legislation is in line with international and European Union legislation. Considering the regulation, the content of the confiscated property, its concept in the legal doctrine and in the practice of the Supreme Court of Lithuania is clearly revealed. The thesis highlights the problems of confiscating the proceeds of crime from the perpetrator. This thesis examines the balance between the purpose of these criminal measures, which is to prevent the perpetrator from profiting from the commission of the offence, and the principle of proportionality, taking into account the particular circumstances of the case – the defendant's character, behaviour, social and financial situation, state of health, and the seriousness of the offence, the type of offence committed, and to ensure that confiscation does not have the function of punishment. The thesis analyses the relationship between extended confiscation and the presumption of innocence which leads to the conclusion that the extended confiscation of assets against the offender does not affect the presumption of innocence. |
