Extended confiscation in criminal law : national, European and international perspectives /

Extended confiscation in criminal law : national, European and international perspectives /

Saved in:

Bibliographic Details
Author / Creator:	Thunberg Schunke, Malin, author.
Imprint:	Cambridge [England] ; Antwerp [Belgium] ; Portland [Oregon] : Intersentia, [2017] Portland, OR, USA : Distribution for the USA and Canada, International Specialized Book Services ©2017
Description:	xxii, 353 pages ; 25 cm.
Language:	English
Series:	Series supranational criminal law: capita selecta ; volume 23 Series Supranational criminal law ; v. 23.
Subject:	Forfeiture -- European Union countries. Forfeiture. Forfeiture. Europe -- European Union countries.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/11449528

Hidden Bibliographic Details
ISBN:	9781780684789 1780684789
Notes:	Includes bibliographical references (pages 329-350) and index.
Summary:	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.

Description
Summary:	Extended Confiscation in Criminal Law provides a comprehensive analysis of the most recent developments in the field. With its main focus on the EU, this multi-faceted study enhances the reader's understanding of the strategy of confiscating assets, giving detailed answers to the questions of how the confiscation regimes could be improved and which changes are proportionate to the objectives pursued.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. Analysing Directive 2014/42/EU on the Freezing and Confiscation of Instrumentalities and Proceeds of Crime in the European Union, it seeks to answer the questions of whether harmonisation truly increases efficiency or if other reforms may be more effectively. Furthermore, this book considers whether increased powers of extended confiscation strike the right balance between the interest of law enforcement and the protection of fundamental human rights.The notion of extended confiscation is then set in its broader context, looking from an international perspective. A holistic analysis of the regime for handling transnational confiscation cases is given, asking if it is possible to trace and search for assets abroad, or execute final orders in other states.This book is of great interest for academics as well as national and international legislators. It may also be used as a handbook for practitioners handling cross-border confiscation cases.
Physical Description:	xxii, 353 pages ; 25 cm.
Bibliography:	Includes bibliographical references (pages 329-350) and index.
ISBN:	9781780684789 1780684789