Page 15 - Abstracts of the 2nd Slovenia–Turkey Bilateral Colloquium

Slovenia–Turkey Bilateral Colloquium · Portorož, 19 May 2023

Restitution of Movable Property
Obtained by Criminal Offences
in Slovenian Law

Vid Jakulin
University of Ljubljana, Slovenia
vid.jakulin@pf.uni-lj.si

Slovenian Law has interesting regulations for the restitution of movable
property obtained by a criminal offence. The basic principle is that no
one shall be allowed to keep possession of criminal proceeds obtained
or resulting from a criminal offence. If the proceeds of crime are found,
they must be returned to the owner from whom they were illegally ob-
tained (except in exceptional cases). Criminal proceeds obtained or re-
sulting from a criminal offence may also be confiscated from the persons
to whom criminal proceeds have been transferred free of charge or for
payment not corresponding to their actual value if such persons knew or
could have known that the criminal proceeds had been obtained or re-
sulted from a criminal offence. It means that the acquirer may retain the
property if he proves that he did not know and could not know that the
property derives from a criminal offence and that he had paid the cor-
responding price. Within one year of extinguishing the ownership right,
the previous owner may require the acquirer to sell the movable property
to him at the market price if the property is fundamental to him (e.g., a
work of art).
Keywords: Slovenia, restitution, movable property, work of art

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