Montenegro draft law proposes asset seizure without final conviction

A new draft law regarding the permanent seizure of assets obtained through criminal activity has been proposed, sparking debate over whether property should be confiscated before a final criminal conviction is reached.

The proposal limits the possibility of seizing assets without a final verdict to specific cases: crimes committed within a criminal organization or association, assets valued at more than 50,000 euros, and instances where an indictment has been confirmed or a main trial in an abbreviated procedure is scheduled.

Legal experts warn of a significant asymmetry in the draft. While a confirmed indictment is sufficient to trigger the asset seizure mechanism, a final acquittal, dismissal of charges, or suspension of criminal proceedings does not automatically overturn a decision to seize the property. Concerns have also been raised regarding the impact on innocent third parties, shareholders of companies, and property owners who may be affected by state measures despite not being subjects of criminal proceedings.