Zloraba zemljiškega dolga : kazenskopravni vidik onemogočanja odvzema premoženjske koristi, pridobljene s kaznivim dejanjem, oziroma premoženja nezakonitega izvora

slovenian

2013

volume 68, issue 5/6

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

Land charge is a security right over a claim that enables the creditor a repayment from the value of an immovable property ahead of other creditors with an inferior ranking. Although the land charge has been in use in Slovenia since 2003, when the Law of Property Code came into force, a substantial increase of land charges has been noticed no earlier than in the recent years. The reason for this recent increase is a strict criminal prosecution of economic crimes and corruption, as well as a corresponding change of our criminal laws that enable an effective confiscation of proceeds acquired from criminal activities or properties of illicit origin. Suspects or people who assume they might be the subject of a pre-criminal and later a criminal proceeding, during which the State could confiscate their proceeds, create a land charge to protect their private property against the hand of justice. Because the current legal regulation disables prevention of such misuse, a corresponding change of the Law of Property Code is essential, as well as strict criminal sanctioning of those, who create a land charge with the intent to prevent the repayment of creditors with an inferior ranking.

20.01.2017