Extended Confiscation in Criminal Law

National, European and International Perspectives

By Malin Thunberg Schunke

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 a 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 harmonizing the national powers of confiscation. This book explores whether such measures really lead to more efficiency, or if other reforms may be more effective. Also analyzed is the current legal framework for international cooperation in confiscation matters. 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 will enhance 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. (Series: Supranational Criminal Law: Capita Selecta, Vol. 23) [Subject: Criminal Law, International Law]

Publication Date: 8/21/2017
Format: Paper
ISBN: 9781780684789