Seizure of Property in Bosnia and Herzegovina, With a Particular Focus on Brčko District BiH

Authors

  • Miodrag N. Simović Judge of the Constitutional Court of Bosnia and Herzegovina, Full Professor of the Faculty of Law of Banja Luka, Corresponding Member of the Academy of Sciences and Art of Bosnia and Herzegovina, Foreign Member of the Russian Academy of Natural Sciences and Active Member of the European Academy of Sciences and Arts
  • Vladimir M. Simović Prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina and Associate Professor at the Faculty of Security and Protection Independent University in Banja Luka and Faculty of Law University „Apeiron“ Banja Luka

Abstract

The concept of property, i.e. property gain obtained by criminal act understands each increase of property or prevention of property reduction, which was caused by commission of a criminal act. Property gain obtained by criminal act is, therefore, any property obtained by commission of a criminal act or arises from a criminal act. Increase of property or prevention of, in the regular course of things, necessary reduction of property, which is in direct or inderect causal link with commission of a criminal act, may, therefore, be considered as property gain obtained by criminal act.
The institute of seizure of property gain may have different legal nature and, accordingly, in some states seizure of property gain constitutes criminal sanction, in other modern legislations this institute is a special consequence of judgment or is regulated as a special measure. Basic principle stating no one can keep property gain obtained by commission of a criminal act is known to many modern legislations, and so to criminal legislation of Bosnia and Herzegovina.

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Published

2023-09-23

Issue

Vol. 8 No. 1-3 (2018): ČASOPIS VJEŠTAK

Section

Чланци