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STT suggests to extend the scope of regulations on confiscation of an illegally acquired property

The Special Investigation Services (herein – the STT) with participation of the representatives of the General Prosecutor’s Office and other interested institutions, has prepared and presented to the National Security and Defence Committee of the Seimas of the Republic of Lithuania the draft law amending Art.91 and 94 of the Criminal Procedure Code of the Republic of Lithuania and supplementing above Code with Art.1681, and the draft law amending Art.72 of the Criminal Code of the Republic of Lithuania and supplementing said Code with Art.1891.

The proposed draft law amending Art.72 of the Criminal Code of the Republic of Lithuania (herein the CC of RL) and supplementing it with Art.1891 suggests to extend the scope of Art. 72 of the CC of RL (in addition to presently valid confiscation of an instrument or a means to commit a crime or the result of a criminal act) and determine that a court shall confiscate the property of the offender convicted of the offence due to which such offender had or could have had material benefit and acquisition of which has not been founded upon lawful income prior to, during and after commission of the criminal act and  has been acquired during the current and five calendar years prior to initiation of a pre-trial investigation.

It is also proposed to supplement Art.1891  of the CC of RL and determine that the criminal offence shall be handling of property of great value acquisition of which is not founded upon lawful income of such persons. The provisions of above article are based on Art.20 of the United Nations Convention Against Corruption. On suspicion that one or other person is in possession of the property acquisition of which could not be founded upon lawful income, i.e. on availability of the data prompting that such property has been acquired as the result of criminal activity however objective evidence proving such activity is unavailable, the lawfulness of such property acquisition would be examined. If it is determined that acquisition of such property cannot be founded upon lawful income, a court would confiscate it as an instrument, means or the result of a criminal act.

Supplementing the Criminal Procedure Code of the Republic of Lithuania by including Art.1681 shall introduce an option for a prosecutor or pre-trail investigation officer to appeal to the territorial state tax inspection and request inspection of the sources for property acquisition and income derived by a suspected person as well as their legitimacy, and a court would decide on legitimacy of the property, i.e. whether it has been founded upon lawful income. A prosecutor or pre-trail investigation officer would appeal to the territorial state tax inspection in the cases when confiscation of a person’s property could to be expected based on provisions of Art 72 of the CC of RL, i.e. not only in cases tried on the basis of the proposed amendment of Art.72 of the CC of RL or/and on the basis of  Art.1891 introducing new criminal activity “Illicit Enrichment” proposed is the draft law, but also in the cases when extended property confiscation is applicable.