TITLE

PROCESUĀLIE ASPEKTI MANTAS ATZĪŠANAI PAR NOZIEDZĪGI IEGŪTU

AUTHOR(S)
Stukāns, Juris
PUB. DATE
December 2014
SOURCE
Proceedings of the International Scientific Conference of Daugav;2014, Issue 56, p220
SOURCE TYPE
Conference Proceeding
DOC. TYPE
Article
ABSTRACT
On October 1, 2005 in Latvian laws related to criminal procedure a new regulation -- proceedings regarding criminally acquired property - entered into force. The necessity of such special regulation was determined by a large amount of illegal money in a global economy, which according to some estimates several trillion U.S. dollars. Therefore, Latvia has a duty to ensure effective and simple mechanism to confiscate criminally acquired resources, preventing such resources from legalization and injection into a legal economy. Proceedings regarding criminally acquired property is one way of confiscation of a property, which affects the fundamental human rights of property. The state has an obligation to ensure that everyone's interests are processed in a fair and impartial process. But does the existing regulation of criminally acquired property is sufficiently effective and does it fulfill its objective. According to the research, existing legal regulation provides different definitions of criminally acquired property in the Criminal Procedure Law and in the Law on the Prevention of Money Laundering and Terrorism Financing. Amendments are required, which determines the procedure of examination, when in accordance with the Law on the Prevention of Money Laundering and Terrorism Financing property is criminally acquired. Laws relating to criminal procedure identifies four occurrences when the property can be declared as criminally acquired, that is, basic principle with the final adjudication in criminal proceedings, and in exceptional cases fulfilling the statutory conditions during the pre-trial investigation.
ACCESSION #
101460090

 

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