The fight against illicit enrichment is entering a new controversial phase with the advent of an Agency for the management of frozen, seized or confiscated assets. It is a public body of an administrative nature framed by the new amendments of the Code of Criminal Procedures with the claim to fill in the so-called shortcomings in the management, conservation and responsibilities related to the objects seized during the criminal proceedings in related to financial crimes and illicit enrichment. This new situation is probably inspired by the provisions of the law on illicit enrichment under which the assets of defendants are liable to confiscation. But here it is: the measure stems from legislation that has been visibly upset since its entry into force by real challenges of applicability against a background of reservations and denunciations of its selectivity by certain socio-professional categories. The problem, in addition, is also that rare are the goods concerned which are not heritages acquired before the advent of the law which is applicable to them. This raises the problem of the retroactivity of the text in relation to illicit enrichment. The legislation in question dates back to 2014 and could be challenged for all facts prior to this period, including for the sale of goods to which reference is made in a certain press release from the Supreme Court prosecution.
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Source: Maliweb
