Turto konfiskavimo ir nusikalstama veika padarytos žalos atlyginimo santykis.
The article analyzes the problems arising out of application of confiscation of property when a criminal action results in damage. The importance of the topic is determined by the fact that in court practice a situation often occurs when in a single criminal case there are grounds to both confiscate the property and compensate for the damage caused by a criminal action. However, Article 72 of the Criminal Code of the Republic of Lithuania does not include a specific provision governing confiscation of property in such cases.. As a consequence, it is necessary to harmonize those two institutes in order to ensure the right of victims of crimes, to be compensated for damage thus caused and to apply confiscation of property as a penal measure.In accordance with the practice of the Supreme Court of the Republic of Lithuania, confiscation of the proceeds of crime is possible in the two following cases: a) when there are no persons directly injured by the crime or b) when the injured persons waive their right to compensation for the property damage caused by the criminal offence. In other cases, the proceeds of crime should be returned to lawful owners, or should be used to satisfy their civil claims for compensation of damage in the amount of the value of their property. Therefore, property is confiscated only when the proceeds of crime exceed the damage. The article concludes that Article 72 of the Criminal Code is suitable only for the cases when the value of the property subject to confiscation is equivalent to the damage caused (as a result of criminal action the offender gains the same value which the injured person looses).
- Straipsniai / Articles