Illicit Enrichment as a Criminal Offense: Possibility of Implementation in the National Criminal Legislations

Stevanović, Aleksandar and Stănilă, Laura Maria (2021) Illicit Enrichment as a Criminal Offense: Possibility of Implementation in the National Criminal Legislations. In: VI international scientific thematic conference Institutions and prevention of financial crime, Belgrade, december 2021. Institute of comparative law ; Institute of criminological and sociological research,, Belgrade, pp. 205-218. ISBN 978-86-80756-44-8

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Abstract

The authors analyze the criminalization of illicit enrichment in order to examine the possibilities for the implementation of this crime in national legislations. The incrimination in question has existed for a long time as a mechanism for combating corruption and other forms of economic crime characterized by a dark figure, but it is practically unrepresented in Europe (especially EU countries) as well as in the United States. The reason why some countries are reluctant to introduce the crime of illicit enrichment into their legislation is mainly related to allegations that it violates important human rights and guarantees in the criminal process. The literature specifically mentions the risks of violation of the presumption of innocence, violation of the right to silence, violation of the privilege against self-incrimination, violation of the burden of proof principle, violation of the lege certa principle, violation of ownership rights etc. After a brief look at the historical background, we also analyzed the essential elements of incrimination. We pointed out that adequate nomotechnics can avoid the risks of violating the principles listed above, but we have singled out the issue of determining the threshold of enrichment in order to mark the criminal zone / dealing with the lege certa principle and the issue of the competent authorities capacity to continuously determine all important circumstances when it comes to the criminalization of illicit enrichment as a critical spots of the incrimination that we analzyed that should be carefully addressed.

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