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The Plenary of the Chamber of Deputies adopted, on Tuesday, as a decision-making body, with 261 votes in favor, lAegean extensive confiscation of property obtained from the crime. “The initiative belongs to the PSD government, two years ago, it is a European directive that had to be implemented, we found the best formula to implement,” said the leader of the PSD group, Alfred Simonis, in the plenary session of the Chamber of Deputies. The project involves changing criminal codes.
What will extensive asset forfeiture entail?
- Goods other than those provided for in art. 112, when a person is convicted of an act that can provide him with a material benefit and for which the penalty provided by law is imprisonment of 4 years 5 or more, the court is convinced that the goods come from criminal activities. The court’s conviction can also be based on the disproportion between the legal income and the wealth of the person.
- Extended confiscation is ordered on the assets acquired by the convicted person within a period of 5 years before and, where appropriate, after the moment of committing the crime, until the date of issuance of the court notification act. Extended confiscation of assets transferred to third parties can also be ordered, if they knew or should have known that the purpose of the transfer was to avoid confiscation.
- Challenge to the security measure of special confiscation or extended confiscation:
- Against the decision by which the court of appeal orders the security measure of special confiscation or prolonged confiscation directly in the appeal, the defendant, the prosecutor or the persons whose rights or legitimate interests may be affected may only appeal regarding this measure of security.
- The prosecutor can appeal within 48 hours after the pronouncement and the accused within 48 hours after the communication.
- In the case of people whose rights or legitimate interests may be affected, the 48-hour period will count from the date they became aware of the decision provided for in section (l).
- The appeal is suspensive of execution. The appeal is resolved within 5 days of registration, in a public hearing, with the participation of the prosecutor and with the summons of the accused and the interested parties. The provisions of section 4251 shall apply accordingly. 24. (5) The appeal against the decision provided for in paragraph (l), pronounced by the Criminal Section of the Superior Court of Cassation and Justice on appeal, will be resolved by a panel of 5 judges ”.
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