Pregledni rad
https://doi.org/10.54070/hljk.32.1.3
DEALING WITH TEMPORARILY CONFISCATED VEHICLES AND THE PROTECTION OF OWNERSHIP RIGHTS
Davor Posilović
orcid.org/0000-0002-9399-9954
*
Dinko Ljubić
orcid.org/0000-0002-2705-7192
* Dopisni autor.
Sažetak
The temporary confiscation of objects as a police power is in principle applied in the earlier
stages of (criminal, misdemeanour and administrative) proceedings. However, there are doubts
about this principle in practice due to the fact that it limits the right to property. At the end
of the procedure, the competent body (court or administrative body) decides what to do with
the temporarily confiscated items. In accordance with the legal grounds, the body in question
might return the items to the owner or permanently confiscate the items, in which case the
items in question become the property of the Republic of Croatia. In the introductory part of
the paper, the authors expound on the legal conditions and reasons for the temporary confiscation
of vehicles as the subject of criminal and misdemeanour offences. They then give an
overview of practical problems. The central part of the paper analyses the relationship between
the power of the appropriate authorities to confiscate vehicles and the protection of property
rights at the level of the Constitution and the Convention. Special attention is paid to the risks
of possible damage to citizens, legal entities, or other parties that may arise from the disproportionateor improper work of state administration bodies. The final part of the paper outlines
the conclusions reached, which relate to practical and normative omissions, inconsistencies,
and legal gaps in the current regulations. Possible solutions are proposed by changing current
practice and amending both legal requirements and by-laws.
Ključne riječi
Hrčak ID:
341050
URI
Datum izdavanja:
25.11.2025.
Posjeta: 906 *