16 GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT enabling legal structure to support confiscation in respect of all criminal proceeds (both direct and indirect), and equivalent value based confiscation should be introduced. It is advised that elements of practice which have proved of value elsewhere, including the reversal of the onus of proof regarding the lawful origin of alleged proceeds, should be considered in particular serious proceeds-generating offences.” 68. After its visit to Georgia between 23 and 29 April 2006, MONEYVAL made a number of positive comments in its Third Round Detailed Assessment Report about the administrative confiscation scheme introduced on 13 February 2004: “18. The Georgian legal framework covering ... confiscation has been significantly developed and now there is a basic legal structure in place for ... forfeiture of objects, instrumentalities and criminally acquired assets (proceeds). ... 19. There are also some innovative administrative forfeiture provisions in place in special cases involving public officials and organised crime groups – which incorporates elements of civil standard of proof, which are very welcome developments. ... 239. The procedure for confiscating from third parties property which has been transferred to defeat confiscation orders were first addressed by administrative provisions dealing with family members and close relatives of officials where officials are subject of prosecution. ... These provisions (and the associated changes to the burden of proof for forfeiture in these cases) are very welcome, and should cover many third parties into whose hands illegal assets fall in sensitive cases. 240. ... Clearly the new administrative provisions for confiscation in respect of cases being brought against officials have been successful. ...” G. The Council of Europe Group of States Against Corruption (GRECO) 69. In its Second Evaluation Report on Georgia, adopted at its 31st Plenary Meeting held from 4 to 8 December 2006 in Strasbourg, GRECO observed and recommended the following: “31. In the past few years Georgia has adopted a vast array of new legislation, among other things on seizure and confiscation of the instrumentalities and proceeds of crime, including corruption and the laundering of these proceeds. The introduction of an administrative confiscation scheme in 2004, specifically directed at illegally acquired property and unexplained wealth of officials, gave law enforcement authorities an effective tool to deprive officials as well as their relatives and so-called connected persons, of the benefits of their crimes. Administrative confiscation requires no prior conviction, it explicitly allows for confiscation from third parties as well as of assets of equivalent value and requires a relatively low standard of proof, by providing that once the prosecutor has presented his/her claim to the court that the defendant’s property is illegal or cannot be explained the burden of proof shifts to the defendant to show that this property (or the financial resources required for acquiring the property) has been legally obtained.

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