CONFISCATING WHITE-COLLAR CRIME PROCEEDS IN THE REPUBLIC OF MACEDONIA

Purpose: The objectives of this paper is to present theoretical study of the measure - confiscation of crime proceeds and property in the Macedonian criminal legislation, Macedonian experiences on confiscation of criminal proceeds from the perpetrators of the white-collar crime i.e. the perpetrators that acquired criminal proceeds by abuse of the official position and authorization within the period of research (2010-2014). Methods: The paper consists of theoretical analysis of the definition of white-collar crime, criminal and legal aspects of the offense "misuse of official position and authority" according the Criminal Code of the Republic of Macedonia, the study of the Macedonian criminal practice on criminal cases with elements of abuse and imposition of confiscation and the cooperation of the public prosecutor with the investigating authorities. We also analysed the views and attitudes of the citizens of the need for confiscation of criminally acquired proceeds and assets, acquired by abuse of official position and authorization committed by the perpetrators while performing their duties, realized by an electronic polling system. Findings: The Macedonian Criminal Code provides a measure-confiscation of criminally acquired property and other proceeds for perpetrators who commit crimes and become subjects of unlawful enrichment. According to the research, the most perpetrated type of crime, from which the perpetrators acquire criminal proceeds, in the past two decades, is the criminal act "misuse of official position and authority". According to the research for the period of 2010-2014 we analysed the indicators on the extent, the structure and the dynamics of this type of crime in Macedonia as well as indicators for the type and amount of illegally acquired proceeds and indicators of confiscated proceeds of crime and property, based on the data of the investigative and judicial authorities. The survey of the citizens' attitude gives indications on whether citizens understand the social danger of doing crime with elements of abuse for the perpetrators who have a legal obligation to respect the law and not to abuse it for the sake of personal financial interest. Research limitations: The results are limited to Macedonian criminal justice system. However, with the descriptive study and survey we demonstrate the authenticity of citizens` attitude regarding the process of confiscation to perpetrators who misuse the public confidence and the performance of official authority entrusted to them, or use the taxpayers' money in the performance of official authority in state bodies, public institutions, enterprises and local governments. Based on the studies, profiling of the perpetrator's personality is possible. Originality: The work is prepared on the basis of multi-year studies of the mentioned matter, especially the Macedonian criminal practice and analysis of data of the state bodies and institutions competent for criminal and financial research of the white-collar crime. By analysing the gathered responses in the conducted survey, the indicators about the views and attitudes of the citizens are drawn.