Extended confiscation represents a powerful criminal law instrument aimed at depriving individuals of unlawfully acquired all types of benefit, however, it must be governed by clear and precise legal provisions. Initially introduced under the influence of international standards, this measure has evolved and broadened regarding the scope of its application. Despite its preventive and punitive characteristics, its current regulation in both Croatia and Serbia reveals normative inconsistencies and unprecise regulation. This paper examines the legal framework of extended confiscation in both countries and highlights areas in which reform is necessary to ensure legal certainty. Extended confiscation as a sui generis measure is based on a presumption of the unlawful origin of property not directly tied to a particular criminal offence, reflecting a more punitive character. This paper draws attention to key shortcomings in the existing legal frameworks, particularly the lack of clarity and consistency in legal provisions, which leads to varied interpretations and legal uncertainty.
Silvija Tripalo (Wed,) studied this question.