Assistant Minister Aneta Stancevska, Ph. D

Assistant Minister Aneta Stancevska,

Ph. D.

Government of the Republic of Macedonia

Ministry of Interior

LEGAL PROVISIONS FOR CONFISCATION OF A PROPERTY AND SEIUZRE OF ITEMS

• The STRONGEST tool for fighting against crime, especially against the organized crime and corruption is confiscation of property, seizure of property benefits, and seizure of the items used to commit the crime, acquired by criminal act or are used to carry out the crime.

• In accordance with Article 97 and Article 98 of the Criminal Code, no one can gain or obtain direct or indirect property proceeds gained by committed crime.

Property benefit gained by committed crime is confiscated by court order which confirms the execution of the act of crime.

COMPETENCIES ACCORDING TO THE LAW ON MANAGEMENT OF CONFISCATED PROPERTY, PROPERTY BENEFIT AND SEIZED

ITEMS IN CRIMINAL AND MISDEMEANOR PROCEDURE •Manages the confiscated property, property benefit, and seized items;• By approval of the court and the competent authority, manages the temporarily confiscated property, the property benefit and the temporarily seized items in order to protect the property value in accordance with the Law on managing confiscated property, property benefit and seized items in criminal and misdemeanors procedures; • Conducts the procedure for execution of confiscation of property and property benefit• Keeps and stacks the seized property• Conducts evaluation of the seized property • Sells the seized property •Rents the seized real state• Conducts other affairs stipulated by this Law

We will bring up several cases of imposed confiscations of property or confiscations of proceeds in accordance with the provisions that were valid in the time when the act of crimes were committed. From the cases that we are going to present, it can be seen that despite of the imposed confiscation of property by the courts, the activities conducted by the Agency for managing with seized property for executing the verdicts are very important. The executing of the verdict for confiscation of property and seizure of property benefit, comes to expression especially in 2010. And it becomes continued activity for the competent state authorities, courts, and public prosecutors for securing a property that can be subject of confiscation and execution of confiscation, seizure of items and management the seized movable and immovable property in accordance with the Law.

CASE MIODRAG MARKOVIC

By executive court verdict of the Primary Court Skopje 1 KOK no. 2/08 from 30.10 2008 Miodrag Markovic was sentenced with imprisonment of 4 years for criminal offence money laundering and other illegally obtained criminal proceeds.

By the verdict from the convicted person, direct and indirect property benefit and other proceeds of crime which is corresponding to the value of 544.207.000,00 denars (around 9 million EURO) shall be seized

CASE MIODRAG MARKOVICThe sentenced Miodrag Markovic was obliged within 15 days from the entry into force of the verdict to execute the verdict and pay the funds in favor of the Republic of Macedonia, but he did not do that. For execution of the verdict in benefit of the Republic of Macedonia real estates and securities from the companies owned by the convicted Miodrag Markovic were seized – “ARARAT“ from Niksic and “SKOTIHA TIHAMA OVERSEAS LIMITED” DOOEL Skopje, as follows :

CASE MIODRAG MARKOVIC

Villa on Vodno was confiscated on ul. Pitu Guli no. 13 with total area of 236 m² in cadastral parcel 1676/1 property certificate no. 15753 with total area of the parcel of 1800 m², of which 236 m² under object and the rest is court yard.

MIODRAG MARKOVIK CASE A house was confiscated at No. 80 Czar Samoil Street in

Ohrid with a overall area surface of 270 m² registered on land registry lot 15976 property certificate No. 450.

MIODRAG MARKOVIK CASE In accordance with the deposit of the verdict this house

has been bought from the convicted Miodrag Markovikj by means from the perpetrated criminal offence.

The house was confiscated from a third person to whom in 2003 the house was transferred to by the convicted Miodrag Markovikj without appropriate compensation, for a sum of 4.000.000,00 MKD, who might have and have been obliged to know that the house was obtained by committed criminal offence on the part of the convicted Miodrag Markovikj.

MIODRAG MARKOVIK CASE

A business premises was confiscated in the centre of Skopje with a surface area of 106 m² of lend registry lot 13490 property certificate 12755 atNo.5 Luj Paster Street.


Securities have been confiscated in banks and shareholders companies bought with the money gained from the committed criminal deed, namely this:

3.120 regular shares that the convicted has bought in AD IK Bank- which represents 7,4 percents of the bank capital.

8.662 regular shares which the convicted has bought in the former Stater Bank ( previously KI Kumanovo Bank) which represents 6,5 percent of the bank capital.



13.544 regular shares which the convicted has bought in AD Jugooprema, representing 43,64 percent of the company’s capital


12 778 regular shares which the convicted has bought in AD KIK Kumanovo, representing 33,15 percent of the company’s capital


921 regular shares bought by the convicted person in AD Kozjak Kumanovo- representing 2,73 percentage of the company capital.


564 regular shares which were bought by the convicted person in ZIK Skachkovce Kumanovo- representing 32,86 % of the capital of the company.

MIODRAG MARKOVIK CASE 23.970 regular shares which the convicted person bought

in Trgotekstil- retail sale, representing 3,43 percentage of the company’s capital.


CONFISCATED PERSON - SECURITIES

132.948 shares were confiscated which the convicted via the company „АRARAT“ bought in AD Emo Ohrid, representing 36.15 % from the company’s capital.

To pay the overall sum of the convicted assets with a total value of 544.207.000,00 MKD (around 9 million Euros) shall continue with the enforcement of the verdict.

CASE OF ZIVKO EFTIMOVSKI By a final court judgment of the Basic Court Skopje 1_ Skopje

LR.No. 1049/99 of 22.12.2005. the convicted Zivko Eftimovski, an owner of a private company FAMATEK from Resen was convicted for a criminal offence of misusing the official position and authorizations and a property benefit from a criminal offence was confiscated from the person with an estimated value of 58.652.000,00 MKD.

The convicted was obliged in a deadline of 15 days from the final court judgment to compensate for the property benefit with a sum of 58.652.000,00 MKD, but he did not do this.

For execution of the judgment the convicted person is under confiscation of the following:

CASE OF ZIVKO EFTIMOVSKI

A Villa in Pretor on a lad registry lot No. 734/6 with a property certificate No. 168, land registry municipality Pretor with a surface area of 234 m². The Villa was confiscated from a third person to whom the villa was given as a gift.

CASE OF ZIVKO EFTIMOVSKI Family house with a surface area of 171 m² (an ideal

portion) on a land registry lot No. 1521/1 and 1521/2 with property certificate No. 118 land registry municipality Jankovec with a total surface area of the lot of 511 m²

DARAVELSKI AND DOCEVSKI CASE

By a final court judgment imposed by the Basic Court Skopje 1 LR. No. 809/05 of 19.06.2008 were convicted the following persons Dragan Daravelski to a prison sentence of 7 years. And Kiro Docevski to a prison sentence of 4 years and 6 months for criminal offences of misuse of the official position and forgery of service/official document.

The enforcement of the final court judgment means confiscation of property benefit in a total sum of 103.575.167,00 MKD and they are obliged to return the sum ion the Budget of the Republic of Macedonia on solidarity basis.


The convicted persons Dragan Daravelski and Kiro Docevski did not execute the judgment in a deadline of 30 days from its entrance into force, and due to this for execution of the verdict real estate was confiscated and transferred into the property of the Republic of Macedonia.

The confiscation of the following occurred :

DARAVELSKI AND DOCEVSKI CASEFrom the convicted Daravelski:- Apartment at No. 23-3/4 Sveti Kliment Ohridski Boul – Skopje with a total surface area of 119 m², land registry municipality Center 1, property certificate No. 42365


- Business premises at ul. Treta Udarana Brigada no. 2 with an area of 202 m² and construction grounds of 540 m² from the cadastre municipality Kumanovo


The convicted Kiro Docevski was deprived of- An apartment at ul. T. Mitrovacka in Kumanovo with an area of 74 m² from the cadastre municipality of Kumanovo, property certificate no. 21612.

CASE OF BORKO MARKOVIC With a final and executable verdict of the Basic

Court Skopje 1 KOK No.. 73/09 of 10.12.2009 Borko Markovikj was convicted for criminal deed money laundering and other proceeds of crime.

He was pronounced with a measure of expulsion of a foreigner.

The verdict imposes abduction of a property from the convicted in a total sum of 10.901.514,00 MKD. In the determined law-biding deadline he did not obeyed the verdict.

Due to this, the means with a sum of 10.901.514,00 MKD were confiscated and deposited in the Budget of the Republic of Macedonia.

CASE OF TRAFFICKING WITH MINOR With the final court judgment issued by the Basic

Court Skopje 1- Skopje KOK No. 24/08, of 14.11.2008, the convicted Ljimani Zurijet and Andrijana Gjordjioska were pronounced guilty for committing a criminal offence relating to Trafficking to a minor person they were given a prison sentence in a duration of 5 years each.

CASE OF TRAFFICKING WITH MINOR• From the convicted Andrija Gjordjioska the following

were confiscated: a business facility- restaurant Bravos located at Dimitar Vlahov street- a complex of bars, b.b.., Gostivar with a total surface area of 65m²

The confiscated facilities from the convicted Ljumani Zurijet and Andrijana Gjordjioska are used for committing the criminal offence.

CASE OF TRAFFICKING WITH MINOR

The convicted Limani Zuriet was subject to confiscation of restaurant in the village Palatica, Tetovo, with an area of 120 m²

CASE SLAVIJA

With a valid and executable verdict of the Basic Court Skopje 1 K, No. 1534/06 of 28.11.2007, the defendant Kiril Kocevski was convicted of a crime “misuse of official position” with an imprisonment sentence in duration of 6 years. The verdicts included confiscation of a property benefit amounting to 97.612.997,00 denars at the account of the Budget of the Republic of Macedonia.

Because of the fact that the convicted person did not execute the verdict voluntarily, the following was seized:

CASE SLAVIJA The share of Slavia 1 DOOEL export-import Skopje

ownership of the convicted Kiril Kocevski, in value amounting to EUR 218.667 and the share of Kiril Kocevski as natural entity in SLAVIA DOO export-import Skopje.

CASE BACILO

With a effective and executable verdict of Basic Court Skopje 1 – Skopje K. No. 297/07 of 25.02.2008, 21 persons were found guilty of committing the acts “abuse of official position and authorization”, “fraud” and “money laundering and other proceeds of crime”. The verdict also stated confiscation of larger amount of money and real estates.

CASE BACILO – EXECUTION OF THE VERDICT The convicted person Nikola Stojmenovic – sentenced

to 14 years was subject to confiscation of 4.942.249,00 denars which were transferred to the account of the Agency,

The convicted person Krste Ilovski was subject to confiscation of funds amounting to 38.981.351,00 denars which were transferred to the account of the Agency.

The convicted person Krste Ilovski was subject to confiscation of funds amounting to 12.505.321,00 and additional 6.602,50 denars which were transferred to the account of the Agency.

The convicted Isnifaris Dzemaili – sentenced to 4 years and 6 months was subject to confiscation of 152.349,50 denars which were transferred to the account of the Agency.

CASE BACILO – EXECUTION OF THE VERDICT

CONFISCATED REAL-ESTATES: The convicted Grozdana Manasievska was subject to

confiscation of real-estates – construction parcel KO Center 1 IL 48414 with a total area of 1035 m²,

The convicted Tomislav Trajkovski was subject to confiscation of real-estates– place called Park at IL 42540 KO Karpos with a total area of 708 m²,

The convicted Svetlana Simonovska - was subject to confiscation of real-estates – construction parcel at KO Center 1 IL 49178 with a total area of 179 m²

CASE BACILO – EXECUTION OF THE VERDICT

To the benefit of the Republic of Macedonia, according to the verdict several cadastre parcels were confiscated, real-estates in KO Oresani and KO Morani – agricultural and construction parcels in total area of 178.218 m²

The procedure for execution of the verdict continues for the case Bacilo. There are court proceedings initiated to annul the mortgages on real-estates of the convicted Isnifaris Dzemaili amounting to 33.410.023,00 denars, as well as to execute the verdict of the convicted Nikola Stojmenovic amounting to 31.305.908,50 denars, as well as for other convicted persons in this case.

CASE BAJRUS With a valid and executable verdict of the Basic

Court Skopje 1 – Skopje KOK No. 3/09 – confiscation is ordered in the so called case Ash, where the funds amounting to 404.269.187 ,00 denars should be confiscated.

THE LAWS ARE ADOPTED TO BE APPLIED, AND THE VERDICTS TO BE EXECUTED

The Ministry of Justice continues the implementation of laws in the area of criminal justice and undertakes measures to educate the personnel to apply laws and execute the verdicts, especially confiscation of property, extended confiscation and confiscation of any proceeds of crime.

The capacity of the Agency for Management of Confiscated Property will be also strengthened to successfully execute cases of confiscation and seizure of items, as well as to manage the seized property in the criminal and misdemeanor procedure.

Documents

Assistant Minister Aneta Stancevska, Ph. D