Law Amending And Supplementing The Law On Forfeiture Of Illegally Acquired Property State

Original Language Title: Закон за изменение и допълнение на Закона за отнемане в полза на държавата на незаконно придобито имущество

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Name of law Law amending and supplementing the law on forfeiture of illegally acquired property the Name of the Bill a bill amending and supplementing the law on forfeiture of illegally acquired the property date of acceptance 19/12/2012 number/year Official Gazette 103/2012 Decree No 456

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on forfeiture of illegally acquired the property, adopted by the National Assembly of the HLI 19 December 2012.

Issued in Sofia on 21 December 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending and supplementing the law on forfeiture of illegally acquired property State (official SG. 38 by 2012, a decision of the Constitutional Court No. 13 by 2012 – 82/2012)

§ 1. In art. 3, al. 2, after the word "persons" there shall be added "and the victims of crime".

§ 2. In art. 6 make the following amendments and additions:

1. Paragraph 2 shall be replaced by the following:

"(2) the Chairman of the Commission may be faced with higher legal education and at least 10 years experience. Deputy Chairman and members of the Commission may have individuals with higher legal or economic education and at least 5 years experience. "

2. in the Al. 3, second sentence, after the words "National Assembly" insert "at the suggestion of members of the National Assembly".

§ 3. In art. 8 make the following amendments and additions:

1. In paragraph 8. 1 item 4 shall be repealed.

2. a para. 5:

(5) after the expiry of the mandate of the Commission, or upon early termination of the relationship on the grounds of art. 9, para. 1. Article 2 of the Commission served a judge, Prosecutor or investigator shall be refunded to the position before the election or appointment, as the time during which he was a member of the Commission, be respected for work placement under art. 164, para. 1-7 of the law on the judiciary. "

§ 4. In art. 9, para. 1 item 8 and 9 are deleted.

§ 5. In art. 11, para. 1, item 6, the words "at their suggestion – inspectors in them" shall be replaced by ' of the inspectors. "

§ 6. In art. 27 para. 3 shall be amended as follows:

"(3) the examination shall cover a period of 10 years from the date of initiation of the review."

§ 7. In art. Al 73. 1 shall be amended as follows:

(1) the rights under this law shall expire with the expiration of a 10-year statute of limitations. "

§ 8. A chapter seven "a" with art. 90:

"Chapter seven" a "

COMPENSATION TO VICTIMS OF CRIMES OF THE STATE

Art. 90. (1) The value of the property, taken with the decision which has entered into force, the State takes in and pays out judicially recognised amounts owed to victims of crime under art. 22, para. 1.

(2) where the value of seized property is less than the total amount of the obligations, the victims of crime are dealt with proportionately.

(3) After the payment of compensation under paragraph 1. 1 and 2 State subrogated to the rights of the obezŝetenoto person, except where the benefit corresponds to all or part of the subject-matter of the seized property.

(4) the conditions and procedures for the conduct of the procedure under paragraph 1. 1-3 shall be determined by an Ordinance of the Minister of Justice. "

§ 9. In § 3, para. 1 of the transitional and final provisions, the word "month" shall be replaced by "quarterly".

Final provision

§ 10. The Minister of justice within three months of the entry into force of this Act issued the Ordinance under art. 90 a, para. 4.

The law was adopted by 41-Otto National Assembly on 19 December 2012 and is stamped with the official seal of the National Assembly.

 President of the National Assembly Tsetska Tsacheva:

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