Published on 14 November 2022

FIRST SECTION

Application no. 12432/22 Dražen RADELIĆ against Croatia lodged on 24 February 2022 communicated on 25 October 2022

SUBJECT MATTER OF THE CASE

The application concerns criminal proceedings against the applicant on charges of commercial fraud with the intent of acquiring illegal property gain for the benefit of a company of which he was the sole shareholder and the director. Having found him guilty as charged, the domestic courts imposed a prison sentence on him. In addition, they ordered that the proceeds of the crime be confiscated from him personally, since the company had in the meantime ceased to exist.

The applicant complains about the arbitrariness of the domestic courts’ decision to confiscate the proceeds of the crime from him personally.

QUESTION TO THE PARTIES

Having regard to the fact that the illegal property gain was acquired for the benefit of the company, was the decision of the domestic courts to confiscate the proceeds of the crime from the applicant personally in breach of his right to the peaceful enjoyment of his possessions guaranteed by Article 1 of Protocol No. 1 to the Convention (see, mutatis mutandis, Khodorkovskiy and Lebedev v. Russia , nos. 11082/06 and 13772/05, §§ 869-885, 25 July 2013)?