Extended confiscation in criminal law : national, European and international perspectives / Malin Thunberg Schunke.
2017
K5107 .T49 2017 (Mapit)
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Title
Extended confiscation in criminal law : national, European and international perspectives / Malin Thunberg Schunke.
Imprint
Cambridge, United Kingdom : Intersentia, 2017.
Description
376 pages ; 25 cm.
Series
Series Supranational criminal law ; v. 23.
Formatted Contents Note
Background and scope of the study
Legislative action by the EU
Legislation in Engalnd 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 tracking 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.
Legislative action by the EU
Legislation in Engalnd 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 tracking 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.
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.
Note
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.
Location
STA
Call Number
K5107 .T49 2017
Language
English
ISBN
9781780684789
1780684789
1780684789
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