The path towards sequestration and confiscation of illicit assets in Kosovo
Session
Law
Description
In Kosovo, there are three elements of seizure/confiscation that prosecutors must take into account and they are: firstly the instruments (means) used in the commission or preparation of the criminal offence, secondly whether any of the prohibited items (weapons, smuggling) are found, and thirdly any criminal proceeds that have been identified. In all cases, the steps of identification, freezing and confiscation must be respected. The Code of Criminal Procedure regulates confiscation of instrumentalities (tools) and material benefits from criminal offenses and contains provisions that facilitate the seizure or freezing of assets and their confiscation. The Law on Expanded Confiscation Powers allows the prosecutor to request the confiscation of assets when the defendant dies, flees the jurisdiction (flees), or has legally unjustified possessions. The Agency for the Administration of Sequestered and Confiscated Assets (AAPSK) has the legal responsibility for the managing these assets that have been seized or that may be subject to confiscation following a successful conviction. This paper will address the path of seizure and confiscation and will clarify some fundamental principles that serve as basic rules guiding the identification, freezing and confiscation of assets.
Keywords:
sequestration, confiscation, administration, assets
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-982-41-2
Location
UBT Lipjan, Kosovo
Start Date
25-10-2025 9:00 AM
End Date
26-10-2025 6:00 PM
DOI
10.33107/ubt-ic.2025.242
Recommended Citation
Tota, Elton and Sutaj, Alban, "The path towards sequestration and confiscation of illicit assets in Kosovo" (2025). UBT International Conference. 5.
https://knowledgecenter.ubt-uni.net/conference/2025UBTIC/LAW/5
The path towards sequestration and confiscation of illicit assets in Kosovo
UBT Lipjan, Kosovo
In Kosovo, there are three elements of seizure/confiscation that prosecutors must take into account and they are: firstly the instruments (means) used in the commission or preparation of the criminal offence, secondly whether any of the prohibited items (weapons, smuggling) are found, and thirdly any criminal proceeds that have been identified. In all cases, the steps of identification, freezing and confiscation must be respected. The Code of Criminal Procedure regulates confiscation of instrumentalities (tools) and material benefits from criminal offenses and contains provisions that facilitate the seizure or freezing of assets and their confiscation. The Law on Expanded Confiscation Powers allows the prosecutor to request the confiscation of assets when the defendant dies, flees the jurisdiction (flees), or has legally unjustified possessions. The Agency for the Administration of Sequestered and Confiscated Assets (AAPSK) has the legal responsibility for the managing these assets that have been seized or that may be subject to confiscation following a successful conviction. This paper will address the path of seizure and confiscation and will clarify some fundamental principles that serve as basic rules guiding the identification, freezing and confiscation of assets.