Özet:

This paper discusses the content and signifi cance of the confi scation of proceeds of crime and temporary measures to secure such confi scation in the theory and practice of the Republic of Croatia. Property gain is the basic motive for perpetrating many criminal offences, primarily property offences, economic and organised crime, as well as criminal offences of corruption. Effective repression, which seeks to achieve the prevention and suppression of these criminal offences committed with the aim of acquiring material gain, cannot be achieved only by imposing penalties for the committed criminal offence. It is also necessary to confi scate the proceeds of crime from the perpetrator. Experience to date has shown that confi scation of the proceeds affects criminal perpetrators much more strongly than any other punishment. The confi scation of property ensures compliance with the principle of fairness in criminal proceedings and the principle that no one can retain the proceeds of crime. The paper discusses the confi scation of illegally acquired assets, with special reference to temporary measures to ensure the confi scation of proceeds of crime, and its functioning in practice. The fi rst part of the paper reviews the current international and domestic legal sources governing the matter in question and briefl y overviews the general concept of confi scation of property in the Republic of Croatia. The paper then discusses the case law of the European Court of Human Rights, with special focus on the case of Džinić v. Croatia. In the third part, the focus moves to the procedural aspects of confi scation and the temporary measures to secure proceeds of crime. The paper fi nally considers the current functionality of the institute of confi scation of illegally obtained property as well as the temporary measures to ensure the potential future practice and implementation of confi scation undertaken by the State Attorney’s Offi ce and the Offi ce for the Suppression of Corruption and Organised Crime .

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