Montenegro changes asset confiscation rules in organized crime cases
On September 3, Montenegro’s parliament adopted a law allowing the final confiscation of assets worth at least €50,000 in ongoing cases involving alleged organized crime. The changes are intended to demonstrate to the European Union Podgorica’s commitment to combating organized crime, Balkan Insight reports.
New confiscation mechanism
Under the new law, in organized crime cases, assets worth €50,000 or more may be permanently confiscated as soon as a court confirms the indictment or schedules the main hearing. The court must establish that the criminal origin of the property was proven during the proceedings.
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Previously, in all cases, confiscation was possible only after a conviction. At the same time, provisions remain in force under which assets worth €5,000 or more could be confiscated on reasonable suspicion of their criminal origin if the owner failed to prove the lawful origin of the property and was convicted of a criminal offense.
Implementation questions
Organized crime, including cigarette smuggling, flourished in Montenegro in the 1990s during the breakup of socialist Yugoslavia. The country’s authorities say they intend to eradicate organized crime amid Podgorica’s aspiration to join the EU. At the same time, experts question the state’s ability to implement the new mechanism in practice.
