Extended Confiscation in Criminal Law
Author | : Malin Thunberg Schunke |
Publisher | : |
Total Pages | : 353 |
Release | : 2017 |
ISBN-10 | : 178068598X |
ISBN-13 | : 9781780685984 |
Rating | : 4/5 (984 Downloads) |
Download or read book Extended Confiscation in Criminal Law written by Malin Thunberg Schunke and published by . This book was released on 2017 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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. 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 harmonising the national powers of confiscation. This book explores whether such measures really lead to more efficiency, or if other reforms may be more effective. An overriding issue is whether increased powers of extended confiscation strike the right balance between the interest of law enforcement and the protection of human rights. The second part of the book deals with the international perspective. The notion of extended confiscation is set in the broader context of transnational cooperation regarding the confiscation of assets.