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

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

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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:1 online resource (xxii, 353 pages)
Language:English
Series:Series supranational criminal law: capita selecta ; volume 23
Series Supranational criminal law ; v. 23.
Subject:
Forfeiture -- European Union countries.
Forfeiture.
Forfeiture.
European Union countries.
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12576458
Hidden Bibliographic Details
ISBN:9781780684789
1780684789
9781780685984
178068598X
Notes:Includes bibliographical references (pages 329-350) and index.
Print version record.
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.
Other form:Print version: Thunberg Schunke, Malin. Extended confiscation in criminal law. Cambridge [England] ; Antwerp [Belgium] ; Portland [Oregon] : Intersentia, [2017] 1780684789 9781780684789
Table of Contents:
  • Background and scope of the study
  • Legislative action by the EU
  • Legislation in England and Wales
  • Legislation in Germany
  • Legislation in Sweden
  • Brief overview of the legislation in Norway, Denmark and Finland
  • Directive 2014/42/EU : a reform with significant legal changes?
  • International cooperation in the area of confiscation
  • Cross-border asset tracing and exchange of information
  • International cooperation in order to seize or freeze assets
  • International cooperation in order to execute final confiscation orders
  • The proposal for a regulation on mutual recognition
  • Final remarks : "To go for the money"
  • but how?

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