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Asset recovery: Looking beyond traditional concepts and importance of financial investigations
September 23, 2024

Driven by profit, organised criminal networks in Bosnia and Herzegovina and the wider Western Balkans generate substantial illicit profits that fuel further crime, undermine institutions, halt economic and social progress, and threaten security. Asset recovery continues to be one of the most effective judicial tools for depriving criminals of their illegally obtained gains and ensuring that organised crime and corruption does not pay. As organised criminal groups adopt increasingly modern technologies, judicial actors must move beyond traditional concepts and understand the importance of financial investigations.

In response to this challenge, the AIRE Centre’s Western Balkans Programme and EU4Justice in Bosnia and Herzegovina, supported by the Government of the United Kingdom and European Union, respectively, held an expert workshop on the recovery of illegally obtained assets, bringing together leading national and regional prosecutors, associates and other legal practitioners. This first workshop in the series marks the start of the new training programme focused on the key actors in the justice chain – prosecutors and judges prosecuting organised crime cases in Bosnia and Herzegovina.

“The AIRE Centre’s most recent research ‘Analysis of Prosecutorial Practices in BiH in Cases of Organised Crime and Corruption‘ highlights that confiscating illegally obtained assets is one of the most effective tools in the fight against organised crime, though significant challenges remain in its implementation. Inconsistent practices, a shortage of resources, and a lack of expertise, particularly in financial forensics, hinder the effective prosecution of these crimes. That is why the goal of this training series is to provide great insights into good practices, but also challenges in asset recovery, and offer an opportunity for national and regional experts and practitioners to come together and discuss paths for collaboration and joint approaches in tackling these crimes”, said Martina Raguž, Project Manager at the AIRE Centre.

“In light of the EU integration process and requirements set by MONEYVAL it is fundamental for BiH to establish a meaningful systematic mechanism to deal with financial investigation in parallel with criminal investigation in order to detect proceeds of crime for confiscation. Financial investigation is a proactive procedure relating to interinstitutional cooperation and exchange of information between multiple authorities within the scope laws regulate. Today, we have shared knowledge and skills on identifying and proving the beneficial ownership of proceeds of crime. This effort is aimed at enhancing the overall capacity of the prosecution and improving the individual skills of prosecutors in handling various types of asset confiscation”, said Mika Aalto, head of anti-corruption and organised crime component within EU4Justice.

The workshop, led by Miloš Šoškić, prosecutor of the Special State Prosecutor’s Office of Montenegro, and Prof. Dr. Eldan Mujanović, professor at the Faculty of Criminology, Criminology and Security Studies of the University of Sarajevo, covered key aspects of asset recovery, including regular and extended confiscation of illegal assets, confiscation without conviction, and mechanisms for seizing illegal wealth. Participants also explored financial investigations, focusing on tracing illegal assets, identifying beneficial ownership, and investigating money laundering linked to organised crime and corruption. Practical exercises allowed attendees to apply these concepts in case studies, focused on financial investigation steps and evidentiary requirements.

“The diverse expertise and practical experiences shared at this workshop highlight the complexities and necessities of robust asset recovery mechanisms. By addressing both the legal challenges and practical hurdles, we have all gained deeper insights into how modern crime prosecution must evolve to effectively combat illicit activities. These discussions have opened a path for more coordinated and efficient efforts in seizing criminal assets, encouraging interagency cooperation and alignment with international standards. Ultimately, this contributes to strengthening the rule of law in Bosnia and Herzegovina and the wider region”, said Professor Mujanović, senior expert of the AIRE Centre.

This workshop is a crucial part of efforts of the AIRE Centre and EU4Justice in BiH aimed at strengthening effective prosecution of organised crime and corruption, in line with European standards and the EU acquis.

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