Consolidation of property

Confiscation is a proprietary sanction. It is the means by which the property is forcibly and gratuitously alienated to the benefit of the state. It is divided into two main types: 1. as a criminal measure under the Criminal Code, where there is a crime committed and the confiscation of the property takes place in court proceedings; or 2. as a separate measure of state coercion - without being punished for an offense in which it is seized for the benefit of the State through an administrative procedure.

As a criminal measure under the Penal Code, confiscation applies to crimes such as: fraud, extortion, theft, robbery, embezzlement, trafficking in human beings, etc. In practice, however, in the case of serious crimes involving an organized criminal group, there are significant incomes such as: money laundering, corruption, drug trafficking, etc.

The two types of property forfeiture: sentence-based and unjustified - civil confiscation are the same for their purpose, but they differ procedurally. The main difference is that the first one requires criminal proceedings and a conviction for a crime, while civil seizure is not required.

When confiscation is based on a conviction, it is committed against the individual and is usually part of the punishment imposed. Wine is determined in an indisputable way. Withdrawal may be for a certain property (proven to be criminally acquired or a means of crime), or the equivalent value of the proceeds of the crime without the proven link between property and crime.

In civil confiscation we have an action against the property itself. Here, proof is required that the property is profitable or a means of committing a crime. The seizure itself can be done without sufficient evidence of a criminal charge and the holder is a third party entitled to protection against his / her property. Civil confiscation does not depend on the existence of a verdict, it can be done regardless of circumstances, such as death, disappearance or immunity.

In the case of a crime committed or in the case of proof of an illegally acquired property, it is taken away, and if it can not be taken away, it is calculated its value.

If a transaction that is unpaid or concluded with a person who knows or suggests the manner of acquisition is subsequently rendered illegally acquired, it is relatively ineffective for the state.

Withdrawal of property is the process whereby criminal / illegal property (proceeds or means of crime) is used for compensation. A court decision is necessary that a certain property is criminal, or the defendant's inability to prove the legal origin of the property, which is why it is subject to seizure. A confiscation order is being formed. The whole process involves the establishment, seizure and confiscation of the property as well as the actual execution of the order for confiscation of certain property and property management or the return of the property of the victims of the crime.

Since Corruption is a crime, of great importance for all countries and for Bulgaria in particular, it is working both internationally and nationally. The Commission for Counteracting Corruption and Forfeiting the Unlawfully Acquired Property (CPCONPI) is an independent specialized permanent state authority for the implementation of the policy for counteracting corruption and for taking away the illegally acquired property. This Commission carries out inspections, may request the imposition of precautionary measures / foreclosure, attachment /.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg