EXTENDED CONFISCATION FROM OPERATION OF A CRIMINAL ASSOCIATION IN CROATIA

REVOLVING THE FIRST DECISION IN THE CASE OF J. B. AND OTHERS

Abstract

Extended confiscation is sui generis measure reintroduced in Croatian Criminal Code in 2006. After a general prohibition of retaining the material gain acquired by criminal offence, the legislator prescribed a legal presumption of illegal material gain entailing a benefit acquired by a group of people or a criminal organization temporally connected with the committed criminal offence and which can reasonably be considered to originate from that offence, because its lawful origin cannot be determined. With the amendments to the Criminal Code from 2008, a broader reach into the offender’s assets was enabled, allowing for the confiscation of material gain that can reasonably be considered to originate from other (undetermined) criminal offences, and not only from the offence for which the offender is currently being prosecuted. The reason for reacquaintance of the measure in a contemporary manner was found in the urge to compliance with European standards as Croatia was candidate for the accession to European Union. Additional reason was more effectiveness in combating organized crime. The first case in Croatia including criminal association in which decision on extended confiscation was issued was the case against J. B. and others for association for the commission of criminal offences from Article 333 Paras 1 and 3, forgery of documents from Article 311 and fraud from Article 224 Para 4 in connection to Para 1 of the Criminal Code. The aim of the article is to assess legality and fairness of the decision on extended confiscation in convictions of the County Court in Zagreb as well as contribution of the Croatian Supreme Court in achieving the final decision. In addition, particular issues concerning association for the commission of criminal offences are addressed as: assessment of the period of involvement in a criminal association, significance of the organizational awareness and finally individual roles of association members.