Oduzimanje vozila u prekršajnom pravu Republike Srpske

Abstract

Confiscation of objects is a protective measure provided in misdemeanor law which may be applied to confiscate objects used in the commission of a misdemeanor, those intended for the commission of a misdemeanor, and those resulting from the commission of a misdemeanor. The imposition of this protective measure encroaches on the exercise of the property rights of the person who is the owner of the confiscated items, who may or may not be the person who owns the confiscated items. In this paper, the author analyzes this protective measure from the point of view of the property rights of the person who has been imposed this protective measure. In its practice, the European Court of Human Rights highlighted the criteria that must be taken into account when assessing whether property rights have been violated when imposing this protective measure. These criteria are also accepted and respected by the constitutional courts of the countries in the region. The object of confiscation can also be a vehicle, in case of a customs misdemeanor and a misdemeanor in the field of traffic violations. Pursuant to the new legal provisions on this matter, which are expected to enter into force in the near future, a vehicle may be confiscated from a person who has committed a traffic misdemeanor. The same measure may also be imposed on persons who are repeated traffic offenders, which actually gives this sanction the character of a punishment rather than a protective measure.