The application of the safety measure of forfeiture of instrumenta sceleris

Abstract

All criminal legislations envisage a system of different criminal sanctions and measures for preventing and counteracting crime in general and property crime in particular. Nowadays, property crimes are the most frequent and prominent form of crime, both in Serbia and in other countries. As an efficient social response to the commission of such criminal offences, criminal legislations prescribe different types of punishment for the perpetrators of property crimes. The imposed measures may include: 1) property-related penalties: fine and confiscation of property; 2) safety measure that includes seizure of objects, 3) confiscation of financial benefits obtained by the commission of a criminal offence; and 4) confiscation of property acquired by the commission of a criminal offence. Considering the specific nature, character, effects and significance of these crimes, the most prominent among these measures are financial criminal sanctions and measures. The nature of these criminal offences and the perpetrators' personality necessitate the use of a special financial sanction: the forfeiture of instrumenta sceleris, as a safety measure which has a repressive as well as a preventive effect. In this paper, the author discusses the concept, characteristics, distinctive features, and the system of imposing the safety measure of forfeiture according to the new legal solutions prescribed in the Criminal Code of the Republic of Serbia and the comparative criminal law.