CONFISCATION OF PECUNIARY GAIN IN THE CONTEXT OF INTERNATIONAL REGULATIONS AND COMBATING BRIBERY
DOI:
https://doi.org/10.30925/zpfsr.38.1.20Keywords:
corruption; bribery; assets; pecuniary gain; pecuniary gain acquired by a criminal offense; confiscation of pecuniary gain; extended confiscation of pecuniary gainAbstract
Appropriate reaction on bribery criminal offenses is of a great importance for
every legal order. The success of this reaction, and of the confi scation of pecuniary gain,
as its very important aspect, affects the overall political and economic development of
a country. Effective (extended) confi scation of pecuniary gain is particularly important
when it comes to criminal offenses of (passive) bribery. These criminal offenses are
based on “corruption agreement” that aims to “satisfy” certain (material) interests and
benefi ts for both parties of the “agreement”.
Appropriate legal reaction on bribery criminal offenses, as well sa the
confi scation of pecuniary gain by these criminal offense, depends on the attitudes of a
certain society and its “establishment”.
This paper deals with (extended) confi scation of pecuniary gain acquired
by criminal offense, in the context of bribery offenses, by presenting domestic
and international regulations and case law, and analyzing compliance of domestic
regulations with international regulations.
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