On 3 March 2020, a workshop “Best Practices on Seizure and Confiscation of Assets” was held in Sarajevo. The goal of the event was to share the best practices from EU countries and BiH on the seizure and confiscation of assets acquired by criminal offences.
National and international experts presented the various perspectives on seizure and confiscation of assets to over 50 participants. The participants were representatives of various judiciary institutions and Law Enforcement Agencies across Bosnia and Herzegovina.
In her introductory comment Ms Isabelle Arnal, Team Leader of EU4Justice stated: “We made the choice to display an interdisciplinary approach of the topic that mirrors the entire process of the seizure of criminal assets during the pre-trial phase and confiscation during the trial phase that encompasses prosecutors, police officers, and judges.”
Mr Vinko Jakić, Director of the Federal Agency for Management of Confiscated Assets highlighted the challenges of the Agency, its work, relations with prosecutors’ offices and courts and the future development of the Agency. Ms Svjetlana Kusić, Director of Agency for Management of Confiscated Assets RS presented the work of the Agency.
Participants were discussing the issues presented by Mr Eldan Mujanović, Professor at the Faculty of Criminal Justice Sciences, University of Sarajevo, on the topic of “Legal framework of the seizure and confiscation of illicit assets, and by Ms Diana Kajmaković, Deputy Chief Prosecutor of the Prosecutor’s Office of BiH on the topic of “Practice of seizure and confiscation of illicit assets at the level of BiH”.
Ms Anne Haller, Head of the Legal Office of the Agency for Management and Recovery of Seized and Confiscated Assets (AGRASC) presented the challenges of AGRASC during the process of seizure and confiscation of illicit assets. While, Ms Ljiljana Filipović, Head of Criminal Department in the Supreme Court of FBiH delivered the presentation on the topic of “Practice of seizure and confiscation of illicit assets at the level of FBiH”.
Some of the recommendations that were discussed at the end of the workshop are:
- In the proposal for the seizure of illicitly acquired assets filed by the prosecutor to the court, the prosecutor should state that the concerned assets are to be “managed” by the AROs instead of only “stored” or “kept” in order to encourage a more purposeful exercise of its legal competences in accordance with the applicable laws.
- In order to establish a functional system of asset seizure in BiH, the central registry of seized assets should be established as well as the central registry of bank accounts of natural persons in BiH and the land registry in order to allow access by the LEA and the prosecutors in accordance with the applicable laws in BiH and EU standards.
- It is necessary to establish urgently a state-level agency for the seizure of illicitly gained property and the management of seized and confiscated assets.
- Confiding the management of the temporarily seized assets to the competent entity Agencies should be carefully considered.
- Investigators should cooperate more with the prosecutors and the prosecutors should follow the case-law of the supreme courts that are accessible and published. Only such cooperation can lead to better results in the sense of approval of the measures proposed by the prosecutors to the courts as well as the harmonization of case law.
- To include the related person at the earliest stage of the investigation in order to provide him/her the status in the criminal proceeding.
This event is organised in cooperation with the Centre for Education of Judges and Prosecutors of Republika Srpska and Centre for Education of Judges and Prosecutors of Federation BiH.
