Sekundarni povzetek: |
Slovenian Confiscation of Proceeds of Crime Act (CPCA) regulates the mandatory expropriation of the assets, which have been gained illegaly with the judiciary decree in the civil litigation proceeding. The party, acting as the plaintiff is the state prosecutor, whereas the position of the defendant occupies the party, which is the subject of the instituted pre-criminal or criminal proceeding.Central problem of the above mentioned regulation is in the fact, that it presents the strong intervention into the protected subjective right to the private property, which is the category, protected by the civil law as well as by the constitutional law. Therefore the strictly imposed conditions by the law for such an expropriation must be fulfilled. because the legal regulation of CPCA presents the exception of the general principle ofthe protection of the private property, it should be performed carefully and restrictively. There is not a plenty of judicial praxis regarding the CPCA yet, because it is recently imposed regulation, where only the praxis will figure out its final balance. The first examples of the practical use of the above mentioned legal regulation, however, show the relatively intensive approach of the judiciary, what is, according to the opinion of the author of this work, debatable from the aspect of the legal security and from the aspect of the constitutionally protected categories. Despite of the constitutional correspondence of the regulation of CPCA with the Slovenian constitutional order, the central challenge of the constitutional praxis will be into determining the conformity of the praxis of the ordinary courts with the constitutional principles. Only on this point the predictable and balanced regulation will be figured out, which will set down the edges of the legal use of this institute and, consequently, of the civil-law interferrence into the private property of the subjects of private-law. |