{"title":"Label V. Content: The Problem of Non-Recognition of Civil Confiscation Orders in Europe","authors":"Skirmantas Bikelis","doi":"10.2478/bjlp-2022-0003","DOIUrl":null,"url":null,"abstract":"Abstract The paper discusses the problem of non-recognition of civil confiscation orders in Europe. Despite the breakthrough in international cooperation in the freezing and confiscation of crime proceeds in the criminal law domain, the formal approach in some European states destroys the potential of one of the most advanced instruments against crime proceeds—civil confiscation orders. The study offers a comparative analysis of the concepts of the confiscation of crime proceeds within and outside the frameworks of criminal proceedings. The analysis serves as the basis for the discussion of whether there is reasonable ground for the formal distinction between these concepts. The author concludes that the formal elimination of the civil confiscation orders has no substantial background. The analysis of both extended powers of confiscation in the criminal law domain in Europe and the Lithuanian Law on Civil Confiscation in the light of principles of proportionality and fair proceedings shows that civil confiscation regimes outside the framework of criminal proceedings may provide adequate safeguards to those provided in the confiscation regimes within criminal proceedings. The paper contributes to the discussion that is relevant to any European state that considers enacting or amending the civil confiscation legal framework or the legal regulation on recognising and executing crime proceeds confiscation orders. The paper elaborates on the approach that could enhance cooperation among European states in the prevention of organised crime.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"54 - 70"},"PeriodicalIF":0.0000,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Baltic Journal of Law and Politics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2478/bjlp-2022-0003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
Abstract The paper discusses the problem of non-recognition of civil confiscation orders in Europe. Despite the breakthrough in international cooperation in the freezing and confiscation of crime proceeds in the criminal law domain, the formal approach in some European states destroys the potential of one of the most advanced instruments against crime proceeds—civil confiscation orders. The study offers a comparative analysis of the concepts of the confiscation of crime proceeds within and outside the frameworks of criminal proceedings. The analysis serves as the basis for the discussion of whether there is reasonable ground for the formal distinction between these concepts. The author concludes that the formal elimination of the civil confiscation orders has no substantial background. The analysis of both extended powers of confiscation in the criminal law domain in Europe and the Lithuanian Law on Civil Confiscation in the light of principles of proportionality and fair proceedings shows that civil confiscation regimes outside the framework of criminal proceedings may provide adequate safeguards to those provided in the confiscation regimes within criminal proceedings. The paper contributes to the discussion that is relevant to any European state that considers enacting or amending the civil confiscation legal framework or the legal regulation on recognising and executing crime proceeds confiscation orders. The paper elaborates on the approach that could enhance cooperation among European states in the prevention of organised crime.
期刊介绍:
Baltic Journal of Law & Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania). BJLP provides a platform for the publication of scientific research in the fields of law and politics, with a particular emphasis on interdisciplinary research that cuts across these traditional categories. Topics may include, but are not limited to the Baltic Region; research into issues of comparative or general theoretical significance is also encouraged. BJLP is peer-reviewed and published in English.