Nowa ustawa: Konfiskata majątku przedsiębiorstwa uznanego za narzędzie przestępstwa

Opublikowano 22 lutego 2017
ustawa

Szykuje się nowa ustawa dająca możliwość przejmowania przez państwo majątków przedsiębiorstw, a także wprowadzająca do nich przymusowych zarządów.
Po wejściu nowych przepisów w życie, spółkę będzie mógł przejąć nawet prokurator. Przepisy te mogą zostać wprowadzone już nawet na wiosnę tego roku.

Projekt ustawy został opracowany przez Ministerstwo Sprawiedliwości, a chodzi tutaj o zmiany w kodeksie karnym. Zmiany wynikające z z projektu mają na celu efektywniejszą egzekucję majątków, które mają pochodzić z oszustwa. Sam projekt jest na tyle obszerny, że prawnicy z Sejmu mieli sporo niejasności co do jego zgodności z Konstytucją.

Zmiana przepisów prawa ma pozwolić na konfiskatę majątku od osób, które dostały go od przestępcy lub od kogoś, kto sprzedał je po zaniżonej cenie, dużo niższej od rzeczywistej wartości rynkowej.

Czytaj także: Kaczyński chce zmian w przepisach dotyczących wycinki drzew. „Widać w tym prawie lobbing”!

Dużą zmianą będzie także możliwość przepadku mienia bez żadnego wyroku skazującego. Jednak będzie to spowodowane zawieszeniem czy umorzeniem postępowania karnego, ale z przyczyny takich jak śmierć oskarżonego lub też jego ucieczki.

Bardzo kontrowersyjną kwestią jest fakt, że w projekcie ustawy znalazł się także zapis mówiący, iż skonfiskowany może być także majątek przedsiębiorstwa, które nie należy do sprawcy, ale może zostać uznane za narzędzie przestępstwa.

Resort Sprawiedliwości ma w planach także powoływanie przymusowych zarządów do spółek, które są podejrzewane, że ich majątek mógł służyć np. do wyłudzania VAT. Zarządcę będzie powoływać organ wydający postanowienie o zabezpieczeniu, w tym także prokurator.

Ministerstwo Zbigniewa Ziobry planuje, że nowa ustawa może przynieść do budżetu państwa 1 mld zł w ciągu 10 lat od ich wejścia w życie.

Źródło: innpoland.pl
Fot.: Flickr.com/P. Tracz/ KPRM
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