i. combating corruption in sout-east europe

“FIGHT AGAINST CORRUPTION – INTEGRATIVE FEETBACK OF DOMASTC

AND INTERNATIONAL ACTIVITIES”OHRID, 15-16.10.2010

Ministerial Plenary session“Fight against corruption and confiscation and restitution of

property (asset recovery)

Minister of justice, Republic of Macedonia

Mihajlo Manevski

I. COMBATING CORRUPTION IN SOUT-EAST EUROPE

Intensive national activities consisted of build-up of consistent and all-inclusive national legislation harmonized with the international anti-corruption standards, strengthening of institutional capacities for fight against corruption and raising the public awareness

REGIONAL ACTIVITIES AND DOCUMENTS

• Memorandum for cooperation in the fight against corruption – signed in May 2005,

• Memorandum for cooperation in the fight against corruption – signed in April 2007,

• London Declaration for organized crime – November 2002,• Thessaloniki Declaration for Western Balkan – June 2003,• Joint Statement for fight against organized crime and

corruption in the frames of the Process for cooperation in the South-East Europe – signed in May 2004 and

• Presidential Statement of the European Union for Western Balkan – signed in December 2004.

Activities in the frames of the Regional anti-corruption initiative - RAI

INTERNATIONAL ACTIVITIES

• Signing/ratification of all relevant international anti-corruption conventions (of CoE, UN, OECD),

• Activities in the frames of the CoE Group of States against corruption – GRECO,

• Activities in the frames of the OECD Working group on bribery in international business transactions.

• EU integration – as one of the main moving forces in the fight against corruption

II. APPLICATION OF CONFISCATION IN REPUBLIC OF

MACEDONIA

LEGISLATIVE BASES

Criminal Code

• Confiscation is introduced into the Criminal Code in 2004

• Amendments of the Criminal Code of 2009 introduce:

- Confiscation of indirect property benefit, - Confiscation of property of legal entity, - Extended confiscation

Confiscation of property and property gain and forfeiture of objects

Article 96-m - CC

• (1) The provisions from articles 97 to 100 from this Law shall apply to confiscation of property and property gain obtained from criminal acts by a legal entity.

• (2) If property or property gain cannot be confiscated from the legal entity, due to the fact that it ceased to exist before performing the confiscation, then the legal successor, i.e. successors, or if there are no legal successors, the founder or founders of the legal entity, i.e., the stockholders or cofounders in case of a trade company, as determined by law, shall be obliged to jointly pay an amount corresponding to the obtained property gain.

• (3) The provisions of article 101-a of this Law shall apply to confiscation of objects from the legal entity.

Confiscation of indirect property gain Article 97-а

- CCApart from direct property gain the perpetrator shall be

subject to confiscation of the indirect property gain, consisting of the following: the property into which the proceeds of crime have been transformed or converted, the property acquired from legitimate sources if proceeds of crime have been intermingled, fully or partially, with that property, up to the estimated value of the intermingled proceeds of crime, and the income or other benefits derived from the proceeds of crime, from property into which such proceeds of crime have been transformed or converted or from property with which such proceeds of crime have been intermingled, contains the proceeds from a crime, up to the estimated value of the intermingled proceeds of crime.

Extended confiscationArticle 98-а

- CC• (1) The property of a perpetrator of a crime committed as part of a criminal

enterprise which is subject to imprisonment of at least 4 years, as well as for a crime related to terrorism as prescribed by Articles 313, 394 – а, 394-b, 394-c and 419, subject to 5 years of imprisonment or more severe punishment or if the crime is related to money laundering, for which an imprisonment of at least 4 years is prescribed, shall be confiscated, if it was acquired within a certain period of time before the court conviction, which the court establishes according to the circumstances of the case, but not longer than 5 years before committing the crime, when based on all circumstances the court is reasonably convinced that the property is surpasses the lawful income of the perpetrator and it originates from such an act.

• (2) The property referred to in paragraph (1) of this article shall be also confiscated from third parties for whom it has been obtained by committing the crime.

• (3) The property referred to in paragraph (1) shall be also confiscated from family members of the perpetrator to whom it was transferred, when it is obvious that they did not provide compensation that corresponds to its value or from third parties, if they fail to prove that they paid an amount corresponding to the value of the item or property.

LEGISLATIVE BASES

Law on managing confiscated property, property benefit and objects seized in criminal and misdemeanor

procedure(enacted in July 2008)

The Law introduces an Agency for managing with confiscated property – established in December 2008 Competences of the Agency: Manages with the confiscated property and seized objects, stores the property, estimates the value of the property, keeps registry of the property, conducts electronic public auctions and transfers the finances into the Budget of RM, retreats properties for use to public bodies, other.

III. APPLICATION OF CONFISCATION IN COURT CASES

IN REPUBLIC OF MACEDONIA

1. Case “BACILO”Legal base: Abuse of official position and authorization,

Fraud and Money laundering.

• Confiscation of finances in amount of 122.208.602,00 denars,

• Confiscation of immovable property – building parcels of 7240 m2,

• Confiscation of immovable property – land of 178222 m2,

• Restitution of property from sentenced person in a value of 4.942.249,00 denars,



2. Case “Miodrag Markovic”

Legal base: Money laundering

• Confiscation of assets (direct and indirect property benefit and other assets of crime) in total amount of 544.207.000,00 denars

3. Case “OHIS”

Legal base: Abuse of official position and authorization

• Confiscation of assets in total amount of 54.641.542,00 denars,

• Restitution of property in total amount of 1 milion EUR

Case “BACILO 2”

Legal base:Legal base: Abuse of official position and authorization, Fraud and Money laundering.

•The two sentenced persons are obliged to compensate the damage made by the criminal act,•The total sum of compensation – 50.587.350,00 denars

5. Case “Zivko Efremovski”


On bases of the judgment of the Basic Court Skopje 1, assets of crime in a total value of 58.625.000,00 denars is confiscated from the sentanced person (owner of private company)

6. Case “Daravelski and Docevski”

Legal base: Abuse of official position and authorization, Falsification of official document

Confiscation of assets of crime in a total amount of 103.575.167,00 denars is being confiscated of the sentenced person,

7. Case “Borko Markovic”

Legal base: Money laundering

Confiscation of assets of crime in a total amount of 10.901.514,00 denars is carried out.

8. Case “Trafficking of minor”

Legal base: Trafficking of minor

• Confiscation of a restaurant of 65 m2 fron the first sentenced person and

• Confiscation of restaurant of 120m2 from the second sentenced person.

9. Case “Slavija”


• Confiscation of property in a total value of 97.612.997,00 denars out of which 219.695 EUR are seized objects.

In the period May-August 2010 the Agency for managing with confiscated property has made confiscations in a total amount of 20.000.000,00 EUR !

THANK YOU FOR THE ATTENTION !

Mihajlo Manevski,Minister of justice

Ministry of justiceRepublic of Macedonia

Dimitrie Cupovski 9 , 1000 SkopjeTel. 00389 23 106 576Fax: 00389233 226 975

E-mail: [email protected]: www.justice.gov.mk

i. combating corruption in sout-east europe

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