This book provides a comprehensive analysis of the measure of extended confiscation as an instrument of criminal policy. National and international regimes on confiscation are viewed from a multi-faceted perspective, and the main focus is the framework of the European Union.
The book begins by examining extended confiscation from the national perspective, presenting the substantive criteria for this power of confiscation. It focuses on three main jurisdictions – England and Wales, Germany and Sweden – and explores how domestic legislation is drafted and applied in their differing models. A key point of the analysis focuses on Directive 2014/42/EU on the Freezing and Confiscation of Instrumentalities and Proceeds of Crime in the European Union, which aims at harmonising the national powers of confiscation. This book explores whether such measures really lead to more efficiency, or if other reforms may be more effective. An overriding issue is whether increased powers of extended confiscation strike the right balance between the interest of law enforcement and the protection of human rights.
The second part of the book deals with the international perspective. The notion of extended confiscation is set in the broader context of transnational cooperation regarding the confiscation of assets. It examines the requirements and the handling of such cases on the basis of the many instruments on judicial assistance or mutual recognition of judicial decisions from the United Nations, the Council of Europe and the EU. It also explores how the current legal framework for international cooperation in confiscation matters functions. The practice of cross-border tracing and seizure of illegal assets and cooperation regarding the recognition and execution on final confiscation orders is looked at.
This book enhances the reader’s understanding of the strategy of confiscating criminal assets and contributes to a deeper knowledge of the recent developments regarding extended confiscation. It gives some answers to the questions of how the confiscation regimes could be improved, and which changes are proportionate to the objectives pursued.
Dr Malin Thunberg Schunke, an Associate Professor in Criminal Law at the University of Uppsala, holds an LLD and an LLM in Criminal Law. She has been an Apprentice Judge and an Assistant Prosecutor in Stockholm.
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The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Tilburg, the Netherlands).
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