FINANCIAL INVESTIGATIONS AND CONFISCATION OF PROPERTY AND OTHER CRIMINAL RELATIONS IN THE REPUBLIC OF NORTH MACEDONIA

Abstract

Purpose: The purpose of this paper is to analyze the international regulations and the Macedonian national legislation that refer to the financial investigations and their efficiency and effectiveness for confiscation of property and other proceeds of crime. In recent years, the Republic of North Macedonia has been intensively committed to the implementation of international regulations and harmonization of national legislation in order to conduct financial investigations in parallel with the criminal investigation in order to find, secure, seize and confiscate criminal proceeds and property and prevent crime. acquired property and other proceeds of crime. The normative analysis refers to the legal provisions for conducting financial investigation, competencies, measures and actions and the provisions for confiscation, immediate and extended confiscation. The analysis of the reports of the competent institutions is in the direction of efficiency and effectiveness of the financial investigations in function of confiscation of property and other criminal proceeds in the period from 2017 to 2021.

Design / methodology / approach

The text will be systematized as follows: analysis of significant international legal acts and their recommendations regarding financial investigations and confiscation of property, defining the concept and procedure of financial investigations, concepts, measures and actions in financial investigations, analysis of financial investigation data and realization of confiscation of properties and commenting on their effectiveness and efficiency.

Findings: Financial investigations are necessary to find, secure, seize, and facilitate the confiscation of property and other proceeds of crime that prevent criminals from "disposing of" illicitly acquired wealth. In order to enable efficient and effective confiscation, it is necessary to launch a timely financial investigation in parallel with the criminal investigation in order to prevent criminals from alienating or transferring their property and other proceeds of crime to "safe places" beyond the reach of law enforcement. For criminals, especially in the area of organized crime, it is said that they are not afraid of imprisonment, they are more afraid of "their illegal wealth" and therefore find ways, methods and techniques to "secure illegal wealth" and allow it to be used. on "corruption and influence of the judiciary in the area of judgment" . Although financial investigations are intensifying, confiscation of property and other proceeds of crime are still considered insignificant, especially in the area of extended confiscation.

Originality / Value:

The paper is an original work based on its own theoretical studies, analysis and presentation of research results obtained by analyzing data for financial investigations and realized confiscations for the research period in the Republic of North Macedonia.