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Analysis of the legal aspects of illegal asset recovery in Slovenia
Katja Rejec Longar, 2018, izvirni znanstveni članek

Opis: Purpose: The aim of the study was to analyse the legal aspects of asset recovery in Slovenia through a five-stage asset-recovery process: financial investigation; freezing or seizure of assets; confiscation; enforcement of the confiscation order; and asset disposal. Design/Methods/Approach: EU and Slovenian legislation in the area of illegal asset recovery was analysed and compared. Using legal analysis, gaps and inconsistences were discovered and discussed. Findings: The Slovenian legal order provides relevant bodies with several avenues to recover ‘proceeds’ and illegally acquired assets. There is the traditional confiscation of proceeds, in personam confiscation in criminal proceedings, extended confiscation in criminal proceedings, and civil forfeiture pursuant to the Forfeiture of Assets of Illegal Origin Act. One problem is the related provisions are dispersed across both substantive and procedural law. Another problem is that some provisions are formulated in such a way that makes them impossible to apply in practice. It would be necessary to introduce a category of financial investigation in criminal proceedings. It is inappropriate that financial investigations are carried out under the provisions of civil law. Financial investigation must, therefore, become an essential part of all police criminal investigations of relevant offences, and holds the potential to generate proceeds. However, at the same time, law enforcement authorities must obtain a clear mandate that in the particular conditions they may investigate all assets of a suspect and not simply the concrete proceeds of crime. Practical Implications: The study findings are useful for preparing systemic changes in relation to the seizure of assets of illegal origin, also because the changes can be used to help establish an efficient way of organising the work of state bodies in this area. Originality/Value: The purpose of the paper is to comprehensively analyse all aspects of the seizure of assets of illegal origin. The results of the analysis substantially complement existing knowledge in the analysed field.
Ključne besede: financial investigations, illegal asset recovery, Forfeiture of Assets of Illegal Origin Act, law, Slovenia
Objavljeno: 16.05.2020; Ogledov: 358; Prenosov: 10
URL Povezava na celotno besedilo
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3.
Republic of Macedonia as a transit country for the illegal trafficking in the "Balkan route"
Zlate Dimovski, Kire Babanoski, Ice Ilijevski, 2013, izvirni znanstveni članek

Opis: Purpose: This study aims to give an empirical overview of the illegal trafficking with human beings, drugs and weapons in the Republic of Macedonia and its involvement in the transnational crime within the “Balkan Route”. Design/Methods/Approach: A qualitative-quantitative approach will be used, using analysis of the current scientific literature, academic publications and scientific papers from this area, and statistical methods using statistical analysis and interpretations of data on committed crimes and the perpetrators of illegal trafficking (with national and international elements). Findings: The scope and structure of this crime in the Republic of Macedonia and its international character will be seen through empirical data and discussions. Research limitations / implications: Difficulties in the study of the transit position of the Republic of Macedonia within the “Balkan Route” especially in terms of illegal trafficking, are related to limitations in revealing the dark figure in this type of crime. Our research is largely based on existing scientific expertise and expert estimates and prognosis. Practical implications: The practical aim here is to enable the prevention of the transnational illegal trafficking in the Republic of Macedonia as a transit country and its exclusion from the “Balkan Route”. Originality/Value: The conclusions which arise from this study should contribute to creating and updating of the national strategy and optimal measures in combating trafficking in Macedonia by law enforcement agencies, thereby preventing the transit of criminality from the Middle East, through Macedonian territory into the Western countries.
Ključne besede: illegal trafficking, “Balkan Route”, Republic of Macedonia, transit
Objavljeno: 10.07.2015; Ogledov: 441; Prenosov: 32
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