Proceedings of the 10th International Conference on New Findings in Humanities and Social Sciences, 2024
Year: 2024
DOI:
[PDF]
New Developments in Non-Conviction-Based Confiscation in the EU
Gniewomir Wycichowski-Kuchta
ABSTRACT:
The research presented in this article aims to assess the new developments that are common to EU Member States in the implementation of non-conviction-based confiscation. Confiscation has traditionally been seen as a criminal institution, available only in the context of criminal proceedings. However, both the Member States and the European Union are seeking to incorporate new forms of confiscation outside the criminal justice system. This paper presents the latest developments in this area, including the new proposal for a Directive on asset recovery, the case law of the ECJ and the ECHR, and the practice of the Member States. Importantly, the author highlights the potential future role of these new instruments in the context of the EU’s new sanctions policy.
keywords: Unexplained wealth orders, confiscation, asset recovery, criminal law, EU law