Development of Extended Confiscation in the Republic of Croatia and Its Relationship with Other Forms of Confiscation

Abstract

The paper explores the historical and legal evolution of property confiscation in Croatia, emphasising the ideological and political motives behind its use during the Second World War and in post-war Yugoslavia and its transformation in the contemporary legal framework. Confiscation is a legal term whose meaning has changed across different historical periods and legal systems, making it interpretatively complex. Legal irregularities, vague definitions of crimes, and the broad scope of confiscated assets characterised confiscation as a sanction. In 2006, extended confiscation was introduced into Croatian criminal legislation as a special measure distinct from and outside the system of criminal sanctions. However, its punitive elements raise concerns about its compatibility with fundamental legal principles, including the presumption of innocence and the principle of guilt. While ordinary confiscation aims to restore property obtained through specific and determined crimes, extended confiscation targets the broader property of perpetrators, reflecting one of the key similarities with confiscation penalty from former Yugoslavia. The study highlights the need for clear legal definitions and alignment with constitutional safeguards. It questions whether extended confiscation risks undermining the rule of law, drawing parallels with the controversial confiscation penalties of former Yugoslavia.