LAWON CONFISCATION OF PROPERTY RESULTING FROM CRIMINAL OFFENCE("Official Herald of the Republic of Serbia", No. 97/2008) |
Article 1
This Law shall regulate conditions, procedure and agencies competent for detection, confiscation and governance of property resulting from criminal offence.
Article 2
The provisions of this Law shall apply to criminal offences:
1) of organized crime;
2) of showing pornographic material and making use of children for pornography (Article 185, paragraphs 2 and 3 of the Penal Code);
3) against the economy (Article 223, paragraph 3, Article 224, paragraph 2, Article 225, paragraph 3, Article 226, paragraph 2, Article 229, paragraphs 2 and 3, Article 230, paragraph 2, and Article 231, paragraph 2 of the Penal Code);
4) of unauthorized manufacture, keeping and trading in narcotics (Article 246, paragraphs 1 and 2 of the Penal Code);
5) against law and order (Article 348, paragraph 3, and Article 350, paragraphs 2 and 3 of the Penal Code);
6) against official duty (Article 359, paragraph 3, Article 363, paragraph 3, Article 364, paragraph 3, Article 366, paragraph 5, Article 367, paragraphs 1 through 3, 5 and 6, and Article 368, paragraphs 1 through 3 and 5 of the Penal Code);
7) against humanity and other values protected by international law (Article 372, paragraph 1, Article 377, Article 378, paragraph 3, Article 379, paragraph 3, articles 388 through 390, and Article 393 of the Penal Code).
Criminal offences specified in Article 185, paragraph 2 and 3, Article 230, paragraph 2, Article 348, paragraph 3, Article 350, paragraphs 2 and 3, Article 366, paragraph 5, Article 367, paragraphs 1 through 3, 5 and 6, Article 368, paragraphs 1 through 3 and 5, Article 372, paragraph 1, Article 377, Article 378, paragraph 3, articles 388 through 390 and Article 393 of the Penal Code shall be subject to the provisions of this Law where the property benefit gained through criminal offence and/or the value of the object of criminal offence exceeds the amount of one million and five hundred thousand dinars.
Article 3
The individual terms applied in this Law shall have the following meaning:
1) the property shall be understood to include goods of any kind, both material or non-material, movable or immovable, assessable or invaluable, and documents in any form serving as proofs of holding a right or interest in relation to such goods. Understood as property shall also be the income or other benefit stemming directly or indirectly from criminal offence, as well as goods into which it has been transformed or mixed with.
2) the property resulting from criminal offence shall be understood to include a property of a suspect, a witness-collaborator or a testator, which is obviously incommensurate with his lawful income.
3) the accused shall be understood to include a suspect, a person the criminal proceedings are instituted against, or the one convicted for the criminal offence specified in Article 2 of this Law.
4) the testator shall be understood to include a person against whom criminal proceedings are not instituted or are abated because of death, while it was found in the criminal proceedings conducted against other persons that he did commit, jointly with these persons, a criminal offence specified in Article 2 of this Law.
5) the legal successor shall be understood to include a successor of a convicted person, of a witness-collaborator or their heirs.
6) the third person shall be understood to include a natural person or a legal entity to whom the property resulting from criminal offence has been transferred.
7) the owner shall be understood to include an accused, a witness-collaborator, a testator, a legal successor or a third person;
8) the confiscation shall be understood to include a provisional or permanent confiscation of owner’s property resulting from a criminal offence.
Article 4
Unless otherwise provided by this Law, the provisions of the Code of Criminal Procedure shall appropriately apply.
Article 5
Agencies competent for detection, confiscation and governance of property resulting from criminal offence shall be the public prosecutor, the court, the organizational unit of the Ministry of the Interior competent for financial investigation, and the Authority for Governance of Confiscated Property.
The competence of the public prosecutor and the court in the procedure specified in paragraph 1 of this Article shall be determined pursuant to the jurisdiction of a court competent for prosecuting the matter of criminal offence instrumental in gaining the property.
a) Organizational Unit Competent for Financial Investigation
Article 6
The organizational unit competent for financial investigation (hereinafter: the Unit) is a specialized organizational unit of the Ministry of the Interior in charge of detection of property resulting from criminal offence, and of performing other tasks in conformity with this Law.
Tasks specified in paragraph 1 of this Article shall be performed by virtue of office or at the order of the public prosecutor and the court.
Governmental and other agencies, organizations and public utilities shall be bound to render assistance to the Unit.
Article 7
The minister of the interior shall pass a particular act on internal organization and job plan in the Unit.
The minister of interior shall appoint the headman of the Unit after obtaining an opinion of the public prosecutor of the Republic.
b) The Authority for Governance of Confiscated Property
Article 8
For the purpose of performing tasks specified by this Law, the Authority for Governance of Confiscated Property shall hereby be established (hereinafter: the Authority) as an agency within the framework of the Ministry of Justice.
Tasks falling within its competence shall be performed by the Authority by virtue of office or at the order of the public prosecutor and the court.
Governmental and other agencies and public utilities shall be bound to render assistance to the Authority.
Article 9
The Authority:
1) shall govern the confiscated property resulting from criminal offence, the objects of criminal offence (Article 87 of the Penal Code), the property benefit gained by criminal offence (articles 91 and 92 of the Penal Code), and the property given as a security in criminal proceedings;
2) shall make professional assessment of confiscated property resulting from criminal offence;
3) shall store, keep and sell the provisionally confiscated property resulting from criminal offence and dispose of proceeds acquired in this way in conformity with the law;
4) shall keep record of property it governs in terms of paragraph 1 of this Article, and of proceedings relating to decision-making regarding such property;
5) shall take part in extending international legal assistance;
6) shall take part in the on-the-job training of civil servants and holders of judicial functions in matters of confiscation of property resulting from criminal offence;
7) shall perform other tasks in conformity with this Law.
Tasks specified in paragraph 1 of this Article shall be performed by the Authority also in matters of property benefit resulting from commercial violation and/or infraction.
Article 10
The Authority shall have the legal entity status.
The registered office of the Authority shall be in Belgrade.
The Authority may have particular organizational units out of its registered office.
Article 11
The Authority shall be governed by a director to be appointed and removed from office by the Government, at the proposal of the minister in charge of administration of justice.
Appointed for director may be a person meeting the general requirements for working in government administration agencies, having a degree in law or economics and a minimum of nine years of working experience.
The director shall have the position of civil servant in conformity with regulations relating to civil servants matters.
The director may not be a member of a political party.
The provisions regulating the matter of conflict of interests shall apply to the director.
The director shall be responsible for his work and for the work of the Authority to the minister in charge of administration of justice.
Article 12
Applicable to the work, the internal organization and the job plan in the Authority shall be the regulations regarding the matters of government administration, and to the decision-making in administrative matters - the regulations regarding the general administrative procedure.
Applicable to the rights and duties of employees in the Authority shall be the regulations regarding the matters of civil servants and office workers.
Article 13
The means for the work of the Authority shall be provided in the budget of the Republic of Serbia and from other proceeds in conformity with the law.
Article 14
Supervision over the work of the Authority shall be exercised by the ministry in charge of administration of justice.
Article 15
Financial investigation shall be initiated against an owner should a reasonable doubt exist as to his possessing considerable property resulting from criminal offence.
The financial investigation shall include collecting of evidence regarding the property, the lawful income and living expenses of the accused, of witness-collaborator or testator, the evidence regarding the property inherited by a legal successor, and/or evidence regarding the property and the consideration given for transferring the property to a third person.
Article 16
It shall be the duty of all agencies and persons taking part in financial investigation to proceed with particular urgency.
Data relating to financial investigation shall be of confidential nature and shall be considered as official secret. Beside persons in official capacity, these data may not be disclosed by other persons as well who happen to gain access to them. A person in official capacity shall indicate to other persons that these data are considered as official secret.
Article 17
Financial investigation shall be instituted at the order of public prosecutor.
Financial investigation shall be governed by the public prosecutor.
The evidence specified in Article 15, paragraph 2 of this Law shall be collected by the Unit, at the request of public prosecutor or by virtue of office.
Article 18
Search of an apartment or other premises of an owner or other persons may be undertaken on the ground of a decision of the competent court where there is a probability of finding evidence referred to in Article 15, paragraph 2 of this Law.
The search of owner or other persons may be undertaken where there is a probability of finding evidence referred to in paragraph 1 of this Article.
Article 19
Objects that may serve as evidence referred to in Article 15, paragraph 2 of this Law shall be provisionally confiscated.
Governmental and other agencies, organizations and public utilities shall be bound to enable the Unit the insight into, and to furnish it with data, documents and other objects specified in paragraph 1 of this Article.
The insight and furnishing specified in paragraph 2 of this Article may not be denied by referring to the duty of keeping trade, official, governmental, and/or military secrets.
Article 20
The public prosecutor may order a bank or other financial organization to furnish the Unit with data relating to the position of owner’s business and personal accounts and safes.
By the order specified in paragraph 1 of this Article the public prosecutor may approve that the Unit proceeds with automatic processing of data relating to the position of owner’s business and personal accounts and safes.
b) Provisional Confiscation of Property
Article 21
Should danger exist that a later confiscation of property resulting from criminal offence would become more difficult or impossible, the public prosecutor may make a request for the provisional confiscation of property.
The request specified in paragraph 1 of this Article shall include data on the owner, description and title of the criminal offence, indication of property to be confiscated, documentary evidence regarding the property, circumstances serving as the ground of a reasonable doubt that the property has resulted from criminal offence, and reasons justifying the need for applying the provisional confiscation of property.
Depending on the stage of proceedings, the competence for deciding on the request specified in paragraph 1 of this Article shall pertain to the investigating judge, the judge presiding the bench, and/or the bench conducting the main hearing.
Article 22
Should danger exist that the owner would dispose of property resulting from criminal offence prior to rendering the court decision regarding the request specified in Article 21, paragraph 1 of this Law, the public prosecutor may issue an order on prohibition of disposing of property, and on provisional confiscation of movable property.
The measure specified in paragraph 1 of this Article shall continue to apply until rendering the decision of the court regarding the public prosecutor's request.
The order specified in paragraph 1 of this Article shall be carried out by the Unit.
Article 23
Prior to rendering the decision on the request for provisional confiscation of property, the court shall set down an oral hearing and shall summon accordingly the owner, his defense counsel and/or the plenipotentiary, if any, and the public prosecutor.
The summons to appear shall be served to the address known and/or to registered office of the person specified in paragraph 1 of this Article, with a warning that the oral hearing will be held even in the case of his failing to attend. The fact that summons to appear is served directly to the owner or his defense counsel and/or plenipotentiary shall be taken as a duly effected notice of services.
Where the summons to appear may not be served in the mode prescribed in paragraph 2 of this Article, the court shall by virtue of office appoint a plenipotentiary to the owner to act in the proceedings of provisional confiscation of property.
Article 24
The oral hearing specified in Article 23, paragraph 1 of this Law shall be held within five days from the day of submitting the request for provisional confiscation of property. The initiated oral hearing shall be completed without interruption.
The public prosecutor shall present the documentary evidence regarding the owner’s property, the circumstances pointing at the reasonable doubt that the property is a result of a criminal offence, and the circumstances pointing at the danger that a later confiscation would be made more difficult or impossible.
The owner and his defense counsel and/or plenipotentiary shall challenge the public prosecutor’s points.
Article 25
After closing the oral hearing, the court shall render a decision by which the request for provisional confiscation of property is either accepted or denied.
The ruling on provisional confiscation of property shall include data regarding the owner, the description and statutory title of the criminal offence, data regarding the property to be confiscated, the circumstances pointing at the reasonable doubt that the property is a result of criminal offence, the reasons justifying the need for provisional confiscation of property, and the period of duration of the confiscation.
By the ruling specified in paragraph 2 of this Article the court may leave to the owner a part of property if his own maintenance and his duty to support other persons, in conformity with provisions of the Law on Execution Procedure, would be undermined.
The ruling specified in paragraph 1 of this Article shall be served by the court to the owner, his defense counsel and/or plenipotentiary, the public prosecutor and the Authority.
Article 26
An appeal may be lodged against the ruling specified in Article 25, paragraph 1 of this Law within three days from the day of service of the ruling.
The appeal shall not stay the execution of the ruling specified in Article 25, paragraph 2 of this Law.
Competent to decide on the appeal challenging the ruling shall be the non-contentious bench and/or the superior court.
Article 27
The provisional confiscation of property shall continue to be in force until rendering the decision on the request for permanent confiscation of property.
In the case of owner’s death or should circumstances take place which raise the question of justification of provisional confiscation of property, the court may reconsider the decision it has rendered.
c) Permanent Confiscation of Property
Article 28
After coming into force of the prosecution indictment, and within one year at the latest, from the day of effectively closed criminal proceedings, the public prosecutor shall make a request for permanent confiscation of property resulting from criminal offence.
The request specified in paragraph 1 of this Article shall include data on the accused and/or witness-collaborator, description and statutory title of the criminal offence, indication of the property to be confiscated, documentary evidence regarding the property owned by the accused and/or witness-collaborator, and the lawful income, circumstances pointing at the obvious disproportion between the property and the income, and reasons justifying the need for permanent confiscation of property.
The request against a legal successor shall include documentary evidence relating to his inheriting the property resulting from criminal offence, while the request against a third person shall include documentary evidence confirming that the property resulting from criminal offence was transferred, in order to obviate the confiscation, without consideration or against a consideration not correspondent to the real value.
Competent to decide on the request specified in paragraph 1 of this Article shall be the bench conducting the main hearing and/or the judge presiding that bench.
The proceedings of permanent confiscation shall by of urgent nature.
Article 29
Should the request specified in Article 28, paragraph 1 of this Law be lodged in course of the first-instance proceedings, the court shall call on the owner to declare at the main hearing whether he will challenge the request.
Should a duly summoned owner fail to attend the main hearing or declare that he does not challenge the request, the decision on the request shall be rendered in the sentence. The decision on the request may be challenged by an appeal against the sentence.
Should the owner come out for challenging the request, the decision shall be rendered in the particular proceedings.
By means of a sentence dismissing the accusation or freeing from accusation, the court shall dismiss the request for permanent confiscation of property and shall repeal the ruling on provisional confiscation of property. The court may communicate the data relating to property to the Tax Authorities.
Article 30
Should the owner come out for challenging the request specified in Article 28, paragraph 1 of this Law, or should the request be lodged after the effective closing of criminal proceedings, the court shall hold the main hearing where it shall decide on the request.
Prior to holding the oral hearing specified in paragraph 1 of this Article, the court shall, within 30 days from the day of effectiveness of the condemnatory sentence, or from the day of lodging of public prosecutor’s request, set down a preparatory hearing for the purpose of putting forward the evidence.
Article 31
The court shall summon to the preparatory hearing the owner, his plenipotentiary, if any, and the public prosecutor. The summons to attend shall be served to the address known and/or registered office of the person summoned, together with a warning that the hearing shall be held even in the case of his failure to attend.
Should the summons to appear be served directly to the owner or his plenipotentiary, if any, such fact shall be taken as a duly effected notice of service. Where the summons to appear may not be served in such a mode, the court shall by virtue of office appoint a plenipotentiary for the proceedings of deciding on permanent confiscation of property.
The owner shall be served the summons to appear so as to leave him a minimum of eight days from the day of service and the day of hearing.
In the summons to appear the court shall call on the persons specified in paragraph 1 of this Article to state at the preparatory hearing the facts, and put forward the evidence serving as the ground of their claim, or challenge the request of the adverse party.
After putting forward the evidence specified in paragraph 4 of this Article the court shall set down the main hearing within three months from the day of conducting the preparatory hearing. Should there exist circumstances on the ground of which it may be assumed that certain pieces of evidence could be impossible to supply within the mentioned time limit, or where evidence should be obtained from abroad, the day of setting down the main hearing may be postponed for another three months, at the latest. After the expiration of the six month time limit, the main hearing shall be held regardless of failure to supply a specific piece of evidence.
Article 32
The court shall summon to the main hearing the owner, his plenipotentiary, if any, the public prosecutor and other persons whose attendance is necessary. The summons to appear shall be served to the address known and/or the registered office of the summoned person with a warning that the hearing will be held even in the case of his failing to attend.
The owner shall be served the summons to appear so as to leave him 15 days, at the minimum, from the day of service and the day of hearing.
Should the hearing be not attended by the public prosecutor, the hearing shall be postponed. The judge presiding the bench shall notify of the fact the competent public prosecutor.
Article 33
The main hearing shall commence with the presentation of content of the public prosecutor’s request. An already commenced hearing shall be completed without interruption.
Should the request be aimed at the property of the convicted and/or witness-collaborator, the public prosecutor shall put forward the evidence relating to property owned by the convicted and/or the witness-collaborator, to his lawful income and the circumstances pointing at the obvious disproportion between the property and the lawful income. After that, the convicted and/or the witness-collaborator and his plenipotentiary shall challenge the public prosecutor’s points.
Should the request be aimed at the property of a legal successor or a third person, the public prosecutor shall put forward documentary evidence proving that the legal successor has inherited the property resulting from criminal offence, and/or that the property was transferred, with the aim to obviate the confiscation, without consideration or against a consideration obviously not correspondent to the real value. After that the legal successor or the third person and his plenipotentiary shall challenge the public prosecutor’s points.
Article 34
After closing the main hearing the court shall render a ruling by which it upholds or dismisses the request for permanent confiscation of property.
The ruling on permanent confiscation of property shall include data on the owner, the description and statutory title of the criminal offence, data on the property to be confiscated and/or on the value to be confiscated from the owner in the case he has disposed of the property resulting from criminal offence with the aim to obviate the confiscation; included to the ruling shall also be the decision on the costs of governance of the provisionally confiscated property.
The court may decide, by the ruling specified in paragraph 2 of this Article, on the property-law claim of the person suffering damage whose existence has been ascertained by the final sentence. In conformity with provisions of the Law on Execution Procedure, the court may decide to leave a part of property to the owner should maintenance of the owner or persons he is obliged to support become compromised.
The ruling specified in paragraph 1 of this Article shall be served by the court to the owner, his plenipotentiary, the public prosecutor and the Authority.
After receipt of the ruling specified in paragraph 2 of this Article, the Authority shall take without delay the measures of keeping safe and maintenance of the property confiscated. The confiscated property shall be governed by the Authority until the effective termination of proceedings relating to permanent confiscation of the property.
Article 35
An appeal may be applied against the ruling specified in Article 34, paragraph 1 of this Law by authorized persons within eight days from the day of service of the ruling.
The appeal shall not prevent the Authority to proceed in conformity with Article 34, paragraph 5 of this Law.
Competent to decide on the appeal shall be the superior court.
Article 36
Disposing of the appeal, the court may dismiss the appeal as lapsed or unallowable, deny the appeal as ill-founded, or accept the appeal and reverse or repeal the ruling, and refer the matter for reconsideration.
Where the ruling has once been repealed in the same case, the second-instance court shall set down a hearing and shall decide on the appeal, with the proviso that it may not repeal the ruling and refer the matter for reconsideration to the first-instance court.
The ruling on permanent confiscation of property shall become final when the court denies as ill-founded the appeal lodged against that ruling, or accepts the appeal lodged against the ruling by which the request for permanent confiscation of property is denied and renders the decision on permanent confiscation of property.
IV GOVERNANCE OF CONFISCATED PROPERTY
Article 37
After receipt of the ruling on provisional and/or permanent confiscation of property, the Authority shall proceed without delay in conformity with the jurisdiction specified in Article 9 of this Law.
Till the time of repealing the ruling on provisional confiscation of property and/or final termination of proceedings of permanent confiscation of property, the Authority shall govern the confiscated property by applying the care of a good master of the house and/or a diligent expert.
Article 38
The confiscated property shall be recorded in the minutes which shall include data on the owner, data on property and condition at the moment of taking it in custody, data relating to the value being confiscated (Article 34, paragraph 2), a notation as to whether the property is confiscated provisionally or permanently, whether the provisionally confiscated property is kept by the owner or entrusted to another natural person or to a legal entity (Article 39, paragraphs 3 and 4), and other data.
The minister in charge of administration of justice shall prescribe details of the content of the minutes specified in paragraph 1 of this Article, and the content and mode of keeping record of tasks exercised by the Authority in terms of Article 9, paragraph 1 of this Law.
Article 39
Unless otherwise specified by this Law, the provisional confiscation of property shall be carried out by appropriately applying the provisions of the Law on Execution Procedure.
Costs of keeping safe and maintenance of the provisionally confiscated property shall be born by the Authority.
The director may decide that the provisionally confiscated property may be kept by the owner under his obligation to take care of property as a good master of the house. The owner shall bear the costs of keeping safe and maintenance of the property.
Should this be justified, the director, in certain cases, and on the ground of a contract, may entrust to another natural person or a legal entity the governance of the provisionally confiscated property.
Article 40
Till the time of rendering the decision on the request for permanent confiscation of property, the Authority may entrust the custody of provisionally confiscated objects of historical, artistic and scientific value to institutions responsible for keeping safe of such objects.
Till the time of rendering the decision specified in paragraph 1 of this Article, the provisionally confiscated foreign exchange and foreign cash holdings, precious metal objects, jewels, including semi-precious ones, and gems shall be entrusted to custody to the National Bank of Serbia.
The Authority shall enter into contract on keeping safe of objects specified in paragraphs 1 and 2 of this Article with the competent institutions and/or the National Bank of Serbia.
Article 41
Where movable and immovable property is confiscated from the owner, the Authority may pay the costs of keeping safe and maintenance of the immovable property by using the funds and/or resources resulting from the sale of movable property.
Should the ruling on provisional confiscation of property be repealed, the Republic of Serbia shall bear the costs specified in paragraph 1 of this Article.
Article 42
With a view to preserve the value of provisionally confiscated property, the Authority, after the approval by the competent court, may sell the movable property without delay, and/or entrust it to a specific natural person or legal entity in order to be sold.
Unless otherwise particularly prescribed by the provisions of this Law, the procedure of sale of property specified in paragraph 1 of this Article shall be appropriately subject to the provisions of laws regulating the execution procedure and the execution of criminal sanctions.
Exceptionally, the court may approve that, instead of the sale of property specified in paragraph 1 of this Article, the security offered by the owner or another person may be accepted. The amount of security shall be determined with regard to the value of provisionally confiscated property. After the security is deposited, the property shall be handed over to the grantor of the security.
Article 43
The sale of property specified in Article 41, paragraph 1 and Article 42, paragraph 1 of this Law, shall be carried out by a verbal public auction to be announced in the "Official Herald of the Republic of Serbia", and/or other media. Perishable goods and animals may be sold without a verbal public auction.
Movable property shall be sold at the price which is the same or higher than the assessed value determined by the Authority. Should the property be not sold after two verbal public auctions, the sale may be carried out by direct bargain.
The sale of securities and other negotiable papers shall be carried out in conformity with regulations relating to trade of securities.
Article 44
Movable property not sold within one year may be donated for humanitarian purposes or destroyed.
The decision on donation of property specified in paragraph 1 of this Article shall be rendered by the Government at the proposal by the director, after obtaining the opinion of the minister in charge of health services or social welfare.
The decision on destruction of property specified in paragraph 1 of this Article shall be rendered by the director also due to health, veterinary, phytosanitary, security or other reasons prescribed by the law. The property shall be destroyed under the control of the Authority in conformity with special regulations.
Destruction costs shall be born by the Authority.
Article 45
Funds acquired by the sale of property specified in Article 42, paragraph 1 of this Law shall be kept at the special account of the Authority until the reversal of the ruling on provisional confiscation of property.
Funds specified in paragraph 1 of this Article shall be used for the restitution of property and compensation of damage and costs specified in Article 44, paragraphs 3 and 4 of this Law. Should these funds be insufficient, the difference shall be paid from the budget of the Republic of Serbia.
Article 46
The funds acquired by the sale of provisionally confiscated property which, in conformity with this Law, is found not resulting from criminal offence, shall be restituted to the owner of property, and shall be increased by an average interest at sight for the corresponding period of time.
Funds specified in paragraph 1 of this Article shall be restituted by the Authority by virtue of office or at owner’s request.
Article 47
The owner to whom the funds are restituted in conformity with Article 46, paragraph 1 of this Law, may file with the Authority, within 30 days from the day of restitution of funds, a claim for the compensation of damage suffered due to the provisional confiscation of property.
Should the claim for damages be not accepted or should the Authority fail to render a corresponding decision within three months from the day of filing the request, the owner may bring an action for damages to the competent court against the Republic of Serbia. Should the request be accepted only partially, the owner may bring the action in relation to the remaining part of the claim.
Article 48
The property and the funds acquired by the sale of property shall become the ownership of the Republic of Serbia at the time of effectiveness of the decision on permanent confiscation of property.
On the ground of a decision of the ministry responsible for science and/or culture, the permanently confiscated objects of historical, artistic and scientific value shall be assigned without consideration to institutions responsible for the custody of such goods.
The Government shall decide on the mode of proceeding with the permanently confiscated objects specified in Article 40, paragraph 2 of this Law.
The permanently confiscated immovable property shall be subject to provisions of the law regulating the mode of proceeding with resources owned by the Republic of Serbia.
Article 49
After deducting the costs of governance of the confiscated property and settling the civil law claim of the person suffering damage, the funds acquired through the sale of permanently confiscated property shall be paid in to the budget of the Republic of Serbia, and distributed at the amount of 20% each to the court, the public prosecutor’s office, the Unit and the Authority, for financing their work.
The remaining funds specified in paragraph 1 of this Article shall be used for financing the social, health-care, educational and other institutions in conformity with a corresponding act of the Government.
Article 50
International cooperation with the aim of confiscating the property resulting from criminal offence shall be realized on the ground of international treaty.
Should there be no international treaty or should some matters be not regulated by the international treaty, the international cooperation shall be realized on the ground of provisions of this Law.
Article 51
International cooperation in terms of provisions of this Law shall be understood to include assistance in detection of property resulting from criminal offence, the prohibition of disposal and the provisional or permanent confiscation of property resulting from criminal offence.
Jurisdiction of a domestic public prosecution office and/or a court in the procedure of international cooperation specified in paragraph 1 of this Article shall be determined by appropriate application of provisions of domestic legislation relating to international legal assistance and enforcement of international treaties in criminal law matters.
Article 52
The prerequisites for extending the assistance in terms of Article 51 of this Law shall be:
1) that a required measure is not contrary to basic principles of domestic legal order;
2) that carrying out of the petition of foreign agency would not affect the sovereignty, the public policy or other interests of the Republic of Serbia;
3) that standards of fair trial be satisfied in the foreign procedure of rendering the decision on permanent confiscation of property.
Article 53
The petition of a foreign agency requiring cooperation in terms of provisions of this Law shall be communicated to the domestic public prosecution office, and/or the court via the ministry responsible for administration of justice. The mode shall be the same in communicating to a foreign agency the petition and/or decision of domestic public prosecution office, and/or the court.
In emergency cases and under the condition of reciprocity, the petition for detection, prohibition of disposal, and/or provisional confiscation of property may be communicated via the Unit.
Article 54
The petition requiring cooperation in terms of provisions of this Law shall include:
1) the title of the petitioning agency;
2) data on the person the petition is referring to (name, date and place of birth, citizenship and residence), and should a legal entity be involved, the information relating to the registered office as well;
3) data on the property involved in requiring the cooperation and its connection with the person specified in item 2/ of this Article;
4) the indication of concrete actions to be taken and of statutory provisions of the petitioning State representing the ground for taking specific coercion measures.
The petition for detection of property resulting from criminal offence shall include, in addition to data specified in paragraph 1 of this Article, also the circumstances giving rise for doubt that the property is the result of a criminal offence.
The petition for prohibition, and/or provisional confiscation of property resulting from criminal offence shall include, in addition to data specified in paragraph 1 of this Article, also the decision on instituting criminal proceedings or the request for instituting the proceedings of permanent confiscation of property resulting from criminal offence from the person specified in paragraph 1, item 2/ of this Article.
The petition for permanent confiscation of property resulting from criminal offence shall include, in addition to data specified in paragraph 1 of this Article, also the decision on permanent confiscation of property resulting from criminal offence from the person specified in paragraph 1, item 2/ of this Article.
Article 55
After receipt of the petition specified in Article 54 of this Law, the public prosecutor, and/or the court shall inquire whether the prerequisites specified in Article 52 of this Law are satisfied.
Should the petition fail to include all the necessary elements, the foreign agency shall be required to supplement the petition within the time limit that may not exceed the period of one month.
Article 56
After rendering the ruling on accepting the petition for detection of property resulting from criminal offence, the public prosecutor shall address a quest to the Unit to take necessary actions in order to detect and trace the property.
In disposing of the request specified in paragraph 1 of this Article, the Unit shall, in conformity with provisions of articles 15 through 20 of this Law, take measures in order to find and secure the evidence on existing, location or movement, the kind, the legal status or the value of property resulting from criminal offence.
Article 57
Should the petition for prohibition of disposal, provisional and/or permanent confiscation of property include all the necessary elements as prescribed in Article 54 of this Law, the decision shall be passed by the non-contentious bench of the competent court. The public prosecutor and the appointed defense counsel and/or the plenipotentiary shall be informed of the session to be held by the bench.
Should danger exist that the person specified in Article 54, paragraph 1, item 2/ of this Law would dispose of the property resulting from criminal offence prior to deciding on the petition referred to in paragraph 1 of this Article, the court may pass an order on the prohibition of disposal of property. This prohibition shall be in force until rendering the court decision on the petition.
Article 58
By its ruling, the court may uphold or dismiss the petition specified in Article 57, paragraph 1 of this Law.
The ruling on provisional confiscation of property shall include data specified in Article 25, paragraph 2 of this Law, and the ruling on permanent confiscation of property shall include data specified in Article 34, paragraph 2 of this Law.
The ruling referred to in paragraph 2 of this Article shall be communicated by the court to the appointed defense counsel and/or plenipotentiary, the public prosecutor, and the Authority.
Article 59
An appeal, to be decided by the superior court, may be applied against the ruling specified in Article 58, paragraph 1 of this Law.
The appeal against the ruling deciding on the petition for provisional confiscation of property shall be filed within three days from the day of receipt of that ruling, and the appeal against the ruling deciding on the petition for permanent confiscation of property shall be filed within eight days from the day of receipt of that ruling.
The appeal shall not stay the execution of the ruling on provisional confiscation of property.
Article 60
The provisional confiscation of property shall continue to be valid until the closing of criminal proceedings and/or proceedings for permanent confiscation of property in the petitioning State.
Should the proceedings specified in paragraph 1 of this Article be not closed within two years from passing the ruling on provisional confiscation of property, the court shall by virtue of office repeal the ruling.
Six months prior to expiration of the time limit referred to in paragraph 2 of this Article, the court shall notify the foreign agency on consequences of the expiration of the time limit. Exceptionally, should the foreign agency, prior to expiration of the time limit, furnish the necessary evidence, the court may decide that the provisional confiscation of property shall continue to be valid for another two years at the latest.
The costs of keeping safe and maintenance of the provisionally confiscated property shall be born by the petitioning State.
Article 61
The ruling on permanent confiscation of property shall become final after the court has dismissed as groundless the appeal filed against such ruling, or has accepted the appeal filed against the ruling by which the request for permanent confiscation of property was dismissed, and has rendered the decision on permanent confiscation of property.
Unless otherwise specified by the international treaty, the permanently confiscated property resulting from criminal offence shall be disposed of in conformity with the provisions of this Law.
VI TRANSITIONAL AND CONCLUDING PROVISIONS
Article 62
The minister of internal affairs shall pass, within 30 days from the day of coming into force of this Law, the act on internal organization and job plan in the Unit.
After obtaining the opinion of public prosecutor of the Republic, the minister of internal affairs shall appoint the headman of the Unit within 15 days from passing the act specified in paragraph 1 of this Article.
Article 63
The Government shall appoint the director of the Authority within 45 days from the day of coming into force of this Law.
The minister in charge of administration of justice shall pass, within 45 days from the day of coming into force of this Law, the act on internal organization and job plan in the Authority.
Article 64
Subordinate legislation acts for implementing this Law shall be passed within three months from the day of coming into force of this Law.
Article 65
The provisions of this Law shall apply to criminal offences specified in Article 2 of this Law prescribed by the Penal Code ("Official Herald of the RS", Nos. 85/2005, 88/2005 and 107/2005), and/or by earlier Basic Criminal Law ("Official Gazette of the SFRY", Nos. 44/1976, 36/1977, 34/1984, 37/1984, 74/1987, 57/1989, 3/1990, 38/1990, 45/1990 and 54/1990, by the "Official Gazette of the FRY", Nos. 35/1992, 16/1993, 31/1993, 37/1993, 41/1993, 50/1993, 24/1994 and 61/2001, and "Official Herald of the RS", No. 39/2003 and by the Criminal Law of the Republic of Serbia ("Official Herald of the SRS", Nos. 26/1977, 28/1977, 43/1977, 20/1979, 24/1984, 39/1986, 51/1987, 6/1989 and 42/1989, and "Official Herald of the RS", Nos. 16/1990, 21/1990, 26/1991, 75/1991, 9/1992, 49/1992, 51/1992, 23/1993, 67/1993, 47/1994, 17/1995, 44/1998, 10/2002, 11/2002, 80/2002, 39/2003 and 67/2003).
Article 66
The provisions of this Law shall apply also to persons who have acquired the status of a witness-collaborator until the day of coming into force of this Law.
Article 67
This Law shall come into force on the eighth day from the day of publication in the "Official Herald of the RS", and shall be enforced as of 1 March 2009.