Process par noziedzīgi iegūtu mantu: Kriminālprocesa likuma 59. nodaļas ģenēze un nākotne

The process of criminally acquired property or non-conviction confiscation as a legal institution was created and developed only in this century. In Latvia, this issue is regulated in Chapter 59 of the Criminal Procedure Law and has been in force since 1 October 2005. As with any new idea, the text of the law and practical application of this process required amendments over time (11 times in 20 years). The topicality and sensitivity of the topic is further evidenced by the large number of cases initiated in the Constitutional Court (in the last 3 years – 28 cases). When analysing the genesis of the legislation, proposals have been made to pay greater attention to the recommendations made by scientists in the future. In practice, it would be advisable to precisely delimit in which procedural situations a process for criminally acquired property is not permissible. The legal requirement that a person must prove the legal origin of property in cases where a person has the right to defence, especially in criminal proceedings for the possible legalization of criminally acquired property, should also be assessed. The aforementioned proposals and their reasoning have been presented in extensive legal discussions.