LEGAL DILEMMAS IN THE APPLICATION OF THE INSTITUTE OF EXTENDED CONFISCATION IN CASES OF FINANCIAL CRIME

Abstract

Extended asset confiscation is a controversial institute of modern criminal law and an important instrument in combating financial crime. It enables the confiscation of property presumed to derive from criminal activity, even without a direct connection to the specific offense for which the perpetrator was convicted. This paper examines the normative framework of extended confiscation at the international, European, and national levels, with particular attention to the presumption of innocence, burden and standard of proof, and the protection of property rights. The research is based on a normative and comparative analysis of relevant legal sources, the case law of the European Court of Human Rights, and a critical review of domestic and foreign scientific literature. The analysis indicates that extended confiscation may significantly contribute to combating financial crime, but its legitimacy depends on clear legal criteria, proportionality, effective judicial control, and adequate procedural safeguards. The paper proposes recommendations for strengthening legal certainty and judicial practice.