Opinion on Kosovo’s Policy on Confiscation of Illicit Assets

August 23, 2015

In August 2015, Group for Legal and Political Studies released an Opinion on Kosovo’s Policy on Confiscation of Illicit Assets. The Parliament of Kosovo enacted Law No. 04/L-140 on Extended Powers for Confiscation of Assets Acquired by Criminal Offense and was published in the Official Gazette of the Republic of Kosova 8 March 2013. While a legal framework for confiscation of criminal assets is largely in place in Kosovo, implementation is limited. Three key barriers to implementation of the Law on Extended Powers for Confiscation of Assets Acquired by Criminal Offense are the lack of a non-conviction confiscation mechanism, failure to shift the burden of proof to the accused, and absence of a sequestration time limit. Kosovo should look to the comparative experience of developed countries in the region such as Italy and Albania, where these approaches have found success in addressing the issue of organized crime.

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Opinion on Kosovo’s Policy on Confiscation of Illicit Assets

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