The efficiency of the mechanism of confiscation of illegally obtained property will be increased in Moldova
In particular, the Cabinet of Ministers approved on Wednesday a draft law strengthening the mechanism of confiscation of criminal assets. Thus, the process of tracing, identification, seizure and confiscation of illegally obtained assets will be improved, as well as the tasks of each institution involved in this process will be clearly defined. More precisely, the possibility of confiscating an equivalent asset or its equivalent when confiscation of the criminal asset is not possible is introduced. In addition, the confiscation of benefits derived from criminal assets is envisaged, even if the person is exempted from liability or criminal punishment. For the first time, the method of bringing confiscated assets located abroad into the country will be regulated. It will also be possible to confiscate third party assets if the persons knew or should have known that the assets were derived from criminal activity or were transferred to them to avoid confiscation. In addition, assets over which actual control is held by a prosecuted or convicted person will be forfeited to third parties. “In this way, we will be able to confiscate assets seized in criminal cases more quickly if these assets belong directly or indirectly to criminals and corrupt individuals,” Prime Minister Dorin Recean said. At the same time, the draft law specified the time interval for which the value of the received assets should be taken into account - 5 years before or after the moment of committing the crime and until the day of issuing the referral act. The draft law also stipulates that in the case of offenses with an economic benefit of more than 14 thousand euros, after the commencement of criminal prosecution, the Criminal Assets Recovery Agency (ARBI) will conduct investigations to identify illegally acquired assets. The Agency shall keep a single record of all seized and confiscated assets. The enforcement mechanism will also be revised so that the enforcement of confiscation decisions, compensation for damage caused to the state and reimbursement of court costs will be carried out directly by the State Tax Service with the help of bailiffs and the ARBI. The draft law approved by the Cabinet of Ministers is designed to facilitate the implementation of the Plan of Measures on Deoligarchization, the National Program for the Recovery of Criminal Assets for 2023-2027, as well as to harmonize the confiscation mechanism with the best international practices. // 27.11.2024 - InfoMarket.
