CONFISCATION OF CRIMINAL PROCEEDS IN THE EUROPEAN UNION CRIMINAL LAW

  • Mihaela Agheniţei “Dunărea de Jos” University of Galaţi, Galaţi, Romania

Abstract

AbstractThe confiscation of proceeds of crime has long been seen within the European Unionand beyond as an important tool in the armory of weapons to fight organized crime. Therationale for focusing on the confiscation of criminal proceeds is at least two- fold. First itaddresses concerns that enormous criminal wealth, generated most notably by various formsof trafficking offences, risks destabilizing financial systems and corrupting. As such theconfiscation of criminal assets seeks ultimately to reduce and prevent crime by making knownthat criminals will not be allowed to legitimate society. Second it attempts to undermine the“raison d'être” behind most organized crime activity, namely the maximization of profit byillicit means. As such the confiscation of criminal assets seeks ultimately to reduce andprevent crime by making known that criminals will not be allowed to enjoy their illicit wealth.By the same token, focusing on confiscation of criminal wealth can send an importantmessage by removing negative role models from local communities.

Author Biography

Mihaela Agheniţei, “Dunărea de Jos” University of Galaţi, Galaţi, Romania
Faculty of Law and Public Administration,

References

I. Flămînzeanu, Răspunderea juridică, Pro Universitaria Publishing House, Bucharest, 2010;

Councils Framework Decisions 2001-2008 – International Review of Penal Law (vol. 77);

Framework Decision on combating terrorism (2005);

A. Weyembergh, Approximation of Criminal Law, The Constitutional Treaty and the Hague Programme, Common Market Law Review, 2005, pp. 1567-1574;

Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime and on the Financing of Terrorism of 16 May 2005;

Council Framework Decision (2005) – 24th February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property;

Green Paper on Conflicts of Jurisdiction and the Principle ne bis in idem, 2005;

Second Strasbourg Convention – May 2005;

United Nation Convention against Corruption of December 2005;

Council Framework Decision of 22 July 2003 on the execution in the European Union of orders freezing property of evidence;

Council Decision setting up Eurojust – of 28.02.2002 amended by Council Decision of 18.06.2003;

European Union Protocol of 16 October 2001 to the Convention on mutual assistance in criminal matters between the Member States of the European Union;

Framework Decision on Euro Counterfeiting (2000);

Prevention and Control of Organised Crime: A European Union Strategy for the Beginning of the New Millennium (2000);

Treaty on European Union;

Strasbourg Convention on 1990 – on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime;

Convention Implementing the Schengen Agreement;

Convention of 15.05.1972 – the Council of Europe Convention on Transfer of Proceedings of 15 May 1972;

European Commission, Directorate General Justice Freedom and Security, Unit D2 – Fight against Economic, Financial and Cyber Crime;

Hague Programme for strengthening freedom, security and justice.
Published
2013-09-30
How to Cite
AGHENIŢEI, Mihaela. CONFISCATION OF CRIMINAL PROCEEDS IN THE EUROPEAN UNION CRIMINAL LAW. AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES, [S.l.], v. 7, n. 3, sep. 2013. ISSN 2067-7677. Available at: <http://univagora.ro/jour/index.php/aijjs/article/view/670>. Date accessed: 22 may 2022. doi: https://doi.org/10.15837/aijjs.v7i3.670.

Keywords

“criminal proceeds”;“confiscation”;“reduce and prevent”;“the European Union criminal law”;“Joint Action and Framework Decision”