The government has issued for public consultation the draft law on several additions and amendments to Law No. 34/2019 "On the Administration of Seized and Confiscated Assets", bringing two main innovations: the inclusion of virtual currencies in the legal framework and the significant shortening of the time for the sale of seized assets.
According to the document published by the Ministry of Interior, the draft law aims to address practical gaps that have been identified during the implementation of the current law, especially in cases where the object of seizure or confiscation are new financial assets, such as cryptocurrencies.
For the first time, virtual currencies are clearly treated as assets that can be administered, stored and sold by the state, through rules that will be further defined by secondary legislation of the Council of Ministers.
Another key element of the draft law is the intervention in the procedural aspect, aiming to minimize the time and deadlines for the sale of seized and confiscated assets by the Seized and Confiscated Assets Administration Agency.
The government argues that current processes are lengthy and often lead to asset depreciation, reducing the financial benefit to the state.
According to the accompanying report, the acceleration of asset sales is expected to bring increased revenues to the state budget, as well as to special funds used for social and institutional services. In this perspective, the legal changes also have a financial and fiscal dimension, beyond the criminal function of confiscation.
The draft law also provides for strengthening coordination between judicial bodies, administrative institutions and local governments in the sequestration and confiscation processes, with the aim of avoiding the blockages and delays that have been observed so far.
The document indirectly acknowledges that the management of seized assets, especially digital assets such as crypto, has been a challenge for institutions, making a review of the existing legal framework necessary. The draft law is already in the public consultation phase and is expected to be enriched with suggestions before being submitted for consideration in the Assembly./ Skyweb