This book brings together a group of experts to determine the requirements needed to achieve compliance of extended confiscation with the fundamental rights and legal principles included in the Charter of Fundamental Rights of the EU, European Convention of Human Rights and in national legal orders of the EU Member States.
The European Union is developing instruments which allow law enforcement and judicial authorities to freeze, seize and confiscate illicit assets in a simplified way. Oversimplification of confiscation procedures may, however, result in violation of fundamental rights and general principles of law aimed at ensuring protection of individuals against interference from the State. Such risk exists in particular in the case of extended confiscation, where assets forfeited go beyond what is proven as resulting from a concrete criminal offence. This book drawing on the results of a large international project, brings together a group of experts to determine the requirements needed to achieve compliance of extended confiscation with the fundamental rights and legal principles included in the Charter of Fundamental Rights of the EU, European Convention of Human Rights and in national legal orders of the EU Member States. Divided into three parts, the first details the national perspectives of 14 countries. The second part presents analysis of extended confiscation in comparative terms. The third and final part examines extended confiscation in the context of the EU criminal law. The book thus provides a detailed analysis of extended confiscation from a number of perspectives and will be an invaluable resource for academics, researchers and policymakers working in the areas of Financial Crime, Comparative Criminal Justice and Human Rights Law.
Introduction: Extended confiscation and how it relates to fundamental
rights (Elbieta Hryniewicz-Lach) Part 1: Extended confiscation national
perspectives
1. Extended confiscation in Austria (Kathrin Stiebellehner)
2.
Extended confiscation in Croatia (Lucija Sokanovi)
3. Extended confiscation
in Czech Republic (Martin Richter)
4. Extended confiscation in Finland (Raimo
Lahti)
5. Extended confiscation in Germany (Michael Kilchling)
6. Extended
confiscation in Greece (Anna Sakellaraki)
7. Extended confiscation in Hungary
(Miklós Hollįn)
8. Extended confiscation in Italy (Anna Maria Maugeri)
9.
Extended confiscation in Luxembourg (Charlotte Quaisser)10. Extended
confiscation in the Netherlands (Johannes Keiler and André Klip)
11. Extended
confiscation in Poland (Elbieta Hryniewicz-Lach)
12. Extended confiscation
in Portugal (Sandra Oliveira e Silva)
13. Extended confiscation in Romania
(Dan Moroan)
14. Extended confiscation in Spain (José Luis de la Cuesta)
Part 2: Extended confiscation and fundamental rights at national level
15.
Extended confiscation and the right to private property and privacy (Anna
Demenko)
16. Extended confiscation and legal principles of EU law (Elbieta
Hryniewicz-Lach)
17. Procedural rights in extended confiscation proceedings
(Gaetano Ancona)18. Extended confiscation in the case-law of European courts
(Jacek Stanisawski) Part 3: Extended confiscation EU perspectives
19.
Extended confiscation and human rights (Johan Boucht)
20. Europeanisation of
national concepts: extended confiscation from the EU perspective (Martin
Heger)
21. A plea for the application of criminal law principles in the area
of asset recovery (Holger Matt)
22. Extended confiscation and modern criminal
law (Frank Meyer). Conclusion: Summary of the project findings - Extended
confiscation and a fundamental rights-based approach (Elbieta
Hryniewicz-Lach)
Elbieta Hryniewicz-Lach is Associate Professor of Criminal Law at the Law Faculty of Adam Mickiewicz University in Poznan, Poland. Her research interests focus on responses to crime, impact of conviction on third parties and victim status in criminal law. She is the author of publications in Polish, English and German, in the field of criminal law, and a participant in international research projects in criminal law and victimology.
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