Extended Confiscation in Criminal Law

This book provides a comprehensive analysis of the development of extended confiscation in criminal law. With its main focus on the framework of the European Union, national and international regimes on confiscation are viewed from a multi-faceted perspective.
Auteur(s):
Malin Thunberg Schunke
Reeks:
Supranational Criminal Law: Capita Selecta
Volume:
23
boek | verschenen | 1e editie
augustus 2017 | xxii + 354 blz.

Paperback
€ 90,-


ISBN 9781780684789


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Extended Confiscation in Criminal Law provides a comprehensive analysis of the most recent developments in the field. With its main focus on the EU, this multi-faceted study enhances the reader’s understanding of the strategy of confiscating assets, giving detailed answers to the questions of how the confiscation regimes could be improved and which changes are proportionate to the objectives pursued.

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. Analysing Directive 2014/42/EU on the Freezing and Confiscation of Instrumentalities and Proceeds of Crime in the European Union, it seeks to answer the questions of whether harmonisation truly increases efficiency or if other reforms may be more effectively. Furthermore, this book considers whether increased powers of extended confiscation strike the right balance between the interest of law enforcement and the protection of fundamental human rights.

The notion of extended confiscation is then set in its broader context, looking from an international perspective. A holistic analysis of the regime for handling transnational confiscation cases is given, asking if it is possible to trace and search for assets abroad, or execute final orders in other states.

This book is of great interest for academics as well as national and international legislators. It may also be used as a handbook for practitioners handling cross-border confiscation cases.

Dr Malin Thunberg Schunke is an Associate Professor in Criminal Law at the University of Uppsala. She holds an LLD in Criminal Law (Uppsala University) and an LLM in Criminology and Criminal Justice (King’s College, London). Her research interests lie in national and international criminal law, particularly EU judicial cooperation in criminal matters and human rights. She has been an Apprentice Judge at Stockholm City Court and has been working for several years as an Assistant Prosecutor at the Prosecuting Office Stockholm.

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Table of contents and preliminary pages (p. 0)

Introduction

Chapter 1. Background and Scope of the Study (p. 1)

Substantive Provisions on Extended Confiscation

Chapter 2. Legislative Action by the EU (p. 23)

Chapter 3. Legislation in England and Wales (p. 43)

Chapter 4. Legislation in Germany (p. 91)

Chapter 5. Legislation in Sweden (p. 129)

Chapter 6. Brief Overview of the Legislation in Norway, Denmark and Finland (p. 179)

Chapter 7. Directive 2014/42/EU: A Reform with Significant Legal Changes? (p. 189)

The Legal Framework for International Cooperation

Chapter 8. International Cooperation in the Area of Confiscation (p. 223)

Chapter 9. Cross-Border Asset Tracing and Exchange of Information (p. 237)

Chapter 10. International Cooperation in Order to Seize or Freeze Assets (p. 263)

Chapter 11. International Cooperation in Order to Execute Final Confiscation Orders (p. 281)

Chapter 12. The Proposal for a Regulation on Mutual Recognition (p. 303)

Chapter 13. Final Remarks: "To Go for the Money" - But how? (p. 323)

Bibliography (p. 329)

Index (p. 351)

Over de reeks

Supranational Criminal Law: Capita Selecta

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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