CONFISCATION AS AN ESSENTIAL TOOL IN THE FIGHT AGAINST THE CRIME OF MONEY LAUNDERING AND OTHER CRIMINAL PROCEEDS

The paper deals with the relationship between the measure of confiscation and the crime of money laundering and other proceeds of crime. Since this crime belongs to the group object of protection - public finances, payment transactions and economy, it follows that processing is carried out at a higher level, that is, confiscation - financial crime. The paper provides a detailed presentation of money laundering as a criminal behavior, covering its characteristics, stages of realization and harmful effects. In the further part of the paper, the Macedonian penal-legal solution is elaborated, which sanctions money laundering as a crime, both in its basic form and in its more serious forms. This elaboration is also accompanied by statistical data from competent institutions that have competences in relation to the criminal prosecution of money laundering and other criminal proceeds. The paper deals in detail with the material and formal approach to confiscation according to the Macedonian legislation, i.e. first presents the grounds and method of confiscation, and then deals with the procedure for confiscation, confiscation by third parties and extended confiscation. Particular attention is paid to the special procedure for confiscation, as well as to the new legal solution or the new instrument for confiscation known as confiscation of property in civil proceedings. The last mentioned solution is the result of the state's efforts to protect the public interest and the rule of law and to confiscate property or other benefit acquired by committing a crime if, through the provisions of the penal legislation, there are no possibilities to succeed in the confiscation of such property. The paper emphasizes that financial crime knows no state borders and that it uses all the technological resources that have been created in modern society, and therefore the importance of international criminal legal assistance and the need for quick and efficient cooperation in the fight against financial crime is emphasized.