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LAW ON AMENDMENTS AND SUPPLEMENTS TO THE LAW ON CRIMINAL PROCEEDINGS (2002)

(excerpts)

Article 10

The new chapter XXIXa is added after the article 504, as follows:

"Chapter XXIX a

SPECIAL REGULATIONS ON PROCEDURE FOR ORGANIZED CRIME OFFENCES

Article 504a

(1) Regulations of this chapter comprise special rules for criminal proceeding of committers of organized crime offences, for procedure of taking away subjects and benefits and procedure of international cooperation in revealing and prosecution of committers of organized crime offences.

(2) If in regulations of this chapter regarding cases from item 1 of this article something is not specially regulated, other regulations of this code will be implemented.

(3) Regulations of this chapter are implemented in cases of reasonable doubt that committed offence was the result of organized acting of more than two persons whose aim was committing hard offences in order to gain benefit or power.

(4) At least three of the following conditions have to be fulfilled for existence of an organized crime offence, regardless the condition from item 3 of this article: that every member of criminal organization had an assignment or a role given in advance; that acting of criminal organization had been planned for a longer period or unlimited period; that acting of organization was based on implementation of certain rules of internal control and discipline of members; that acting of organization was planned and performed in international proportions; that in performing the activity there was violence or threatening or readiness for their implementation; that economic or business structures were used in performing the activity; that laundry of money or illegally gained benefits was performed; that there was an influence of organization or its part on political authorities, media, executive or police authorities or another social or economic factors.

Article 504b

Officials engaged in criminal proceedings regarding offences of organized crime are obliged to act urgently.

Article 504c

(1) The data on preliminary criminal and investigation procedure for organized crime offences represent official secret. Besides official authorities, these data may not be revealed either by other participants in those procedures to whom they become available. Official authority that handles the procedure is obliged to inform participant in the procedure about the obligation of keeping secret.

(2) The data on preliminary criminal procedure regarding organized crime offences may be revealed only on basis of a written approval of the state prosecutor in charge.

(3) The data on investigating procedure may be revealed only on basis of a written approval of the investigating judge with previously obtained approval of state prosecutor.

Article 504d

In proceedings for organized crime offences in first instance a council consisting of three judges is engaged, and in second instance council consisting of five judges.

Article 504e

(1) State prosecutor may suggest to court to examine a member of criminal organization as a witness (further in the text: witness collaborator) against whom criminal charges has been brought or criminal proceedings has been in progress for organized crime offence, on condition that such extenuating circumstances exist that according to the penal law he might be released from penalty or his penalty might be reduced and if the importance of his statement for discovering, proving or preventing other offences of criminal organization is prevalent regarding the harmful consequences of the offence that he had committed.

(2) State prosecutor may submit the suggestion from item 1 of this article by the end of main proceedings.

Article 504f

(1) Before submitting a request, state prosecutor shall give warning to witness collaborator regarding the duties from article 102 item 2 and article 106 of this code. Witness collaborator may not call to the convenience of being released from the obligation of testifying from article 98 of this code and the obligation to answer to certain questions from article 100 of this code.

(2) State prosecutor shall record on minutes signed also by witness collaborator warning from item 1 of this article, answers of witness collaborator and his statement that he shall say everything that he knows and that he shall not suppress anything. Minutes is enclosed with suggestion to the court from article 504e of this code.

(3) Witness collaborator may not be a person for whom there is a reasonable doubt that he is the organizer of a criminal group.

Article 504g

(1) A council from article 24 item b of this code decides on suggestion of state prosecutor from article 504e of this code during investigation and till the beginning of main proceeding, and on main proceeding the council in front of which the main proceeding is held.

(2) State prosecutor, person suggested to be witness collaborator and his defense layer will be asked to attend session of the council. Session is held without attendance of the public.

(3) State prosecutor may give in a complaint on decision of the council from item 1 of this article by which the suggestion of the state prosecutor has been rejected within 48 hours from the reception of the decision. Court of second instance brings a decision on complaint within three days from reception of the complaint and documents from the court of first instance.

(4) In case of accepting the suggestion of the state prosecutor, the council shall order to abstract from the documents the minutes and official notes about previous statements of the witness collaborator given as a suspect or a defendant, and these may not be used as evidence in criminal proceedings, unless in case from article 504j of this code.

Article 504h

(1) Public is excluded during the hearing of the witness collaborator, unless the council make another decision on suggestion of the state prosecutor and with a consent of the witness collaborator.

(2) Before making decision from item 1 of this article, the chairman of the council shall inform the witness collaborator in presence of his defender about his right for a hearing without presence of the public. Statement of the witness collaborator to be heard with the presence of the public shall enter the minutes.

Article 504i

(1) Witness collaborator who has given a statement to the court according to the obligations from article 504f items 1 and 2 of this code may not be prosecuted for organized crime offence for which the proceeding is in progress.

(2) In case from item 1 of this article state prosecutor shall waive criminal proceedings against the witness collaborator latest till the main proceedings held against other members of criminal organization, and the court will make decision by which charge against the witness collaborator is rejected.

(3) In case from item 2 of this article regulations from article 61 of this code shall not be used.

Article 504j

(1) If the witness collaborator does not act according to obligations from article 504f items 1 and 2 of this code, or if he commits a new organized crime offence before validly finished proceedings, the state prosecutor shall continue criminal prosecution, i.e. already started criminal proceedings.

(2) If during the proceedings an offence of the witness collaborator committed earlier is revealed the state prosecutor will act according to the regulations of article 504e of this code.

Article 504k

Statements and announcements collected by state prosecutor in preliminary proceedings may be used as evidence in criminal proceedings, but decision may not be based only on them.

Article 504l

(1) State prosecutor may request from authorized state authority, banking or other financial organization to make control of business of certain persons and to deliver to him documentation and data that might serve as evidence on offence or on property obtained by offence, as well as information regarding suspicious money transactions in the sense of the Convention on laundry, searching, seizure and confiscation of incomes obtained by criminal acts.

(2) On conditions from item 1 of this article state prosecutor may order to authorized organ or organization to temporarily suspend paying, i.e. issuing of suspected money, securities or objects.

(3) In the order from items 1 and 2 of this article the state prosecutor shall explain more explicitly the content of a requested measure or act.

Article 504m

(1) If police authorities in preliminary proceedings undertake a measure for organized crime offence, they will immediately inform authorized state prosecutor on that.

(2) State prosecutor may request from police organs to undertake certain measures or acts within given term and inform him on that.

(3) Police organ is obliged to explain in particular not fulfilling of certain measure and overdue of a term.

Article 504n

(1) Investigating judge, on request of state prosecutor, may allow also the following measures to a person for whom there is a reasonable doubt that he alone or together with other persons prepares organized crime offence, apart of measures from article 232 and 234 of this code: giving simulated business services, concluding simulated legal deals and engaging covert investigators, if organized crime offence could not be revealed, proved or prevented in another manner, or if that might be connected with significant difficulties.

(2) Written and explained order of investigating judge by which measures from item 1 of this article are determined comprise data on person to whom measure is implemented, description of offence, manner, scope, place and lasting of the measure.

(3) Measures from item 1 of this article may last for six months. After explained suggestion of state prosecutor investigating judge may extend certain measure not more then two times for three months each. While determining and extending a measure, investigating judge shall specially estimate if implementation of the measure is necessary and if the same result might be obtained in a manner by which the rights of citizens are less restricted.

Article 504o

(1) Police organs implement measures from article 504n of this code. Police organs make daily reports on implementation of measure that together with collected documentation they deliver to investigating judge and state prosecutor on their request.

(2) After implementation of a measure from article 504n of this code police organs deliver to investigating judge and state prosecutor a special report comprising: time of starting and finishing of a measure, data on official person who implemented the measure, description of technical means used, number and identity of persons involved in the measure and evaluation of usefulness and results of the implemented measure.

(3) Police organ delivers to state prosecutor together with the report from item 2 of this article a complete documentation of photographic, video, audio or electronic recordings and all other evidences collected by implementation of the measure.

Article 504p

(1) Implementation of a measure from the article 504n of this code stops when the period determined expires or when reasons for which it was determined stop.

(2) If state prosecutor does not bring criminal proceedings within six months from cessation of a measure from the article 504n of this code, all collected evidences must be destroyed, and persons on whom these data were related will be informed on implementation of the measure, if their identity can be established.

(3) Data collected by implementation of a measure from article 504n of this code that are related to an offence which does not represent an act of organized crime may not be used in criminal proceedings for that offence.

Article 504q

(1) Covert investigator is appointed by the minister authorized for internal affairs or a person authorized by him.

(2) Covert investigator may be a person employed in state organs.

(3) It is forbidden and punishable that covert investigator impels crime acts.

(4) Covert investigator may be interrogated as a witness in criminal proceedings. Interrogation will be made in such a manner that identity of the witness is not revealed. The data on identity of the covert investigator interrogated as a witness represent official secret.

(5) If it is predicted by order of investigating judge, covert investigator may use technical means for recording of talks and enter into extraneous flat and other premises.

Article 504r

(1) Measure of controlled delivery, by which it is allowed that illegal or suspicious shipments exit, cross or enter territory of one or more countries with knowledge and under surveillance of their authorities in order to conduct investigation and identify persons involved in offence, is approved by state prosecutor and conducted by police organs. State prosecutor for each shipment separately issues a written approval.

(2) Controlled delivery is conducted according to the rules from the article 11 of United Nations’ Convention against illegal traffic of drugs and psychotic substances, with consent of interested states and on the principle of reciprocity.

Article 504s

State prosecutor may order providing special protection to a certain witness, witness collaborator and members of their close family.

Article 504t

(1) If basics of suspicion or a reasonable doubt exist that an organized crime offence has been committed, the court may order a measure of temporary confiscation of subjects and properties regardless the conditions defined in stipulations of articles 82 till 88 and articles 513 till 520 of this code.

(2) If not otherwise defined by stipulations of this chapter, in the procedure of temporary confiscation of subjects and property from item 1 of this article stipulations of the Law on executive procedure and suitable stipulations of this code are implemented.

Article 504u

(1) Investigating judge decides on the measures of temporary confiscation of subjects and property, i.e. the council in front of which the main proceedings is held. The council from the article 26 item 4 decides on complaints against the decision, i.e. higher court.

(2) State prosecutor brings the procedure for pronouncing measures from item 1 of this article.

(3) State prosecutor’s request from item 2 of this article comprises: a short description of offence and its legal name, a description of subjects or properties gained by organized crime offence, data about the person who possesses those subjects or properties, reasons for suspicion that the subjects, i.e. properties originate from offence and reasons for probability that by the end of criminal proceedings it would be considerably more difficult or impossible to confiscate subjects or properties gained by organized crime offence committed.

Article 504v

(1) Court shall state the value and type of subjects, i.e. properties in the decision on issuing measure on temporary confiscation of subjects or properties, as well as the period of confiscation.

(2) In the decision from item 1 of this article the court may decide that the measure does not imply on subjects and properties which should be excluded by implementation of rules on gainers in good faith.

(3) Complaint against the decision from item 1 of this article of the court does not postpone fulfillment.

(4) Court shall deliver an explained decision from item 1 of this article to the person to whom the measure is implied, to the bank or other organization authorized for payment operations, and to other persons and state organs if required.

Article 504w

(1) In case of submitted complaint against the decision on issuing measure on temporary confiscation of subjects or properties, the council from article 26 item 4, i.e. the council of higher court shall schedule an appearance in court where the person to whom the measure is implied will be invited, his defender and state prosecutor.

(2) Appearance in court from item 1 of this article shall be held within 30 days from the date of submitting the complaint. Persons asked to come shall be heard at that appearance. Their absence shall not prevent appearance at the court to take place.

(3) Council shall revoke the measure from item 1 of this article if legitimate origin of subjects or properties is proved by credible documents and if it seems probable that subjects or properties do not originate from organized crime offence, nor these are obtained by covering origin and basics of gaining.

Article 504x

(1) Measure of temporary confiscation of subjects and properties may last only till the end of criminal proceedings in front of the court of original jurisdiction.

(2) If the measure from item 1 of this article is brought before bringing of criminal proceedings, it shall be revoked in case that criminal proceedings for organized crime offence is not started within three months from the date of issuing the decision by which the measure is brought.

(3) Before expiring of the terms from items 1 and 2 of this article, the measure may be revoked on official duty of the court or on request of state prosecutor or interested person, if it comes out that it is not necessary or justified considering the seriousness of the offence, financial standing of the person implied or standings of persons that he is legally obliged to support and circumstances of the case that show that confiscation of subjects or properties shall not be impossible or significantly made difficult by the end of criminal proceedings.

Article 504y

(1) Measure of temporary confiscation of subjects or properties is effected by court authorized for implementation of execution according to the Law on executive procedure.

(2) Court from item 1 of this article has jurisdiction over disputes arisen from execution.

(3) The right for submitting excluding complaint is obtained on the day of starting bankruptcy of the person in possession of subjects and properties temporary confiscated regarding those subjects and properties as due amounts.

Article 504z

Authorized state organ in member-republic handles with assets and properties temporary confiscated while the measure is in force.".