The seized property is managed inefficiently by the state, legislation needs to be adapted to international practice - SAO
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The seized property is managed inefficiently by the state, legislation needs to be adapted to international practice
The Seized Property Management Office started operating in Slovakia in August 2021 and the SAO looked at its first three years of operation. "The office administers property based on decisions of courts or prosecutors to protect it from misappropriation, transfer, loss or damage during criminal proceedings. Seized property may lose value in real-time, and the state may incur significant financial costs in the long-term management. However, it cannot be sold without the owner's consent under the current law," said Ľubomír Andrassy, president of the SAO. "The competent authorities could take inspiration from good practice in the Czech Republic, for example, and amend the relevant legislation so that the state is acting like a good manager when managing seized property," he added.
This problem is most acute for seized motor vehicles, whose value declines significantly. The office also manages cars that were already worth very little when seized. It also looks after vehicles seized as late as 2021. The cost of management is likely to be higher than the proceeds of their eventual sale after a final conviction and a final forfeiture decision. The average number of days of motor vehicle administration is more than 440. "An early sale would yield a higher return and undoubtedly reduce the cost of administering the seized property. However, the Slovak legislation emphasizes the special importance of the property for the person concerned. In the Czech Republic, in the case of seized property, such as motor vehicles and electrical equipment, the accused's consent to the sale is not required," Ľ. Andrassy. The proceeds from the seized property auction would be deposited and paid to the person concerned unless legally convicted.
Read the full text of the press release about this issue in Slovak language.