INSTITUTE OF LOSS OF PROPERTY BENEFITS ACQUIRED BY CRIMINAL ACTIVITIES IN THE FEDERATION OF BOSNIA AND HERZEGOVINA

Abstract

Nowadays, an increasing number of criminal offenses have been committed in order to gain property benefits, in particular, criminal offenses of corruption and criminal offenses of organized crime or serious forms of economic crime. When analysing the aforementioned criminal offenses, in addition to focusing attention on the perpetrator and the commission of a criminal offense, particular attention should be paid to determining the form and amount of the benefits obtained by the criminal offense. In this sense, the take-over of the seizure activities of those assets acquired through criminal offenses is initiated. From here follows a logical conclusion that it is not enough to punish someone for example. an abusive official position if he will not be deprived of what he has obtained as a benefit of committing a criminal offense. Such a procedure in which the acquired property by the criminal offense would remain untouched by the perpetrator himself would be rewarded for the committed criminal offense. The logical conclusion is that the confiscation of property gain acquired through a criminal offense is the only valid means in the suppression of organized crime and other criminal offenses seeking to obtain material gain or other material gain. The author deals primarily with the legal nature of the seizure of property gain obtained by a private work, and accordingly special consideration is given to the provisions of various positive legal regulations in the Federation of Bosnia and Herzegovina, which treat this area.