crushing hug lawyers about the idea Ziobro
As we read in “Puls Biznesu”, a document of the Ministry of Justice thoroughly analyzed the lawyers from the Legislative Council at the Prime Minister’s Office . They opinion is crushing and confirms the fears and critical assessment provided by the Council for Enterprise and the Ombudsman.
Government lawyers have indicated that the idea of receiving assets acquired through violation of the law is correct, but serious questions of a constitutional nature and controversy arouse the proposed measures. It is for example the appointment of a compulsory, that does not know how long it will be able to work and whose interests are represented by . Concern is also freezing assets of companies.
Extended confiscation
Resort headed by Ziobro proposed extension of the cases in which it has followed the so-called transfer. the burden of proof (the principle is that the prosecution has to prove something to the accused, the changes provide for a reversal of this situation, in some cases – PAP).
“Today, the burden of proof is transferred to the offender when he is sentenced for a crime, which received at least 200 thousand. zł benefits ; we change it in a way that let this burden evidence move for any offense if the upper limit of the penalty is at least five years of imprisonment “- said Ziobro. He added that this means that the convicted in such cases “will have to prove that the property, which holds the assets derived from legitimate sources.”
“in the case of the perpetrators acting in organized structures of crime, mainly operating in the mafia structures, where the crime is of a particularly professional, hard to detect, difficult to convict, this presumption would reach the five years back from time to prove the crime and convict him. it covers so the property earlier, where the perpetrator had – if you will not be able to prove its legal origin “- the minister said.
He added that forfeiture can also occur in a situation, if the perpetrator was hiding, died or moved assets to another person. “We can not reward offenders for having effectively take action repealing before criminal responsibility. If it is proved beyond a reasonable doubt in a court, that the perpetrator allowed for this type of acts, including such property shall be subject to confiscation,” – he said.
Confiscation of assets: changes are to come into force in the autumn
Ziobro stressed that such measures are an effective and strong tool operating in many European countries. He mentioned at the Italy, Great Britain and Germany – although it stressed that these solutions “in some nuances different.”
“These solutions allow for a much more efficient care or property belonging to any terrorist criminals, because with such a threat, we also have to deal with. the Polish are conducted proceedings related, that terrorist groups collect funds to carry out their activities and in this case also, these solutions will guarantee the effective takeover of property to the state, “- said the Minister.
Deputy justice Minister Marcin Warchoł told PAP that the plans of amendments should enter into force no later than this fall .
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