Moldovan government approves enforcement of extended confiscation mechanism
The cabinet of ministers today gave positive notification to a draft law for the amendment of the Criminal Code, filed as initiative by Moldova’s President.
So far, the enforcement of the extended confiscation mechanism has not been possible. Under the Article 1061, paragraph (2), letter b), it has been enforced when decision-makers incontestably establish that the assets have a direct connection with the offence for which the person was convicted. In this case, to apply the extended confiscation of an asset, the person must be convicted and the concerned asset should represent object of the offence, either material evidence.
The draft approved proposes another approach: if the person was convicted for an offence committed for material interest and illegally gets assets as source generating profit, these assets can be confiscated for the benefit of the state, without the state proving that each asset confiscated comes from an offence which would have been criminally documented. It is enough for the person to be convicted for an offence committed for material interest and the court should establish that there is really difference between the legal incomes and the wealth.
The government backed the legislative initiative, coming up with more proposals of improvement, including the extending of the circle of offences for which the extended confiscation can be enforced, as well as the exhaustive establishment of their list.
„I want to note that, besides the revision and ensuring the functionality of the mechanism of extended confiscation of crime assets, the Justice Ministry will soon come up with a package on amendment of the legislation, which will allow the non-criminal confiscation of assets. The Constitutional Court established that the confiscation measures were proportional also in the lack of a conviction which is to establish the guilt of the people accused. These amendments will create all premises for us to finally have confiscation of the wealth got fraudulently, which belong to civil servants, no matter whether they are recorded on them or their family members, relatives or third people,’’ Justice Minister Sergiu Litvinenco said.