Ariadna H. Ochnio

Rethinking EU Law-making Policy on Confiscation of the Proceeds of Crime (eBook, ePUB)

• Format: ePub

Produktbeschreibung

The book provides a critical analysis of EU law-making policy on the confiscation of the proceeds of crime, using a minimalist restorative approach to justice focused on the rights of victims and communities, and more proactive roles for all participants in confiscation procedures.

This book shows how the examined policy has been translated into the EU law standards adopted as its realisation and whether the gaps identified in these standards are reflected in the domestic law of the comparator EU jurisdictions: Poland, Germany, and France. The post-conviction confiscation regime in England and Wales is also explored as an example of an alternative non-EU model of value-based confiscation. Considering the complex juridical nature of confiscation, which challenges the applicability of the civil-criminal dichotomy, this book recommends a twofold approach when shaping EU confiscation mechanisms, focused on linking policy objectives with a restorative approach to justice, and making the appropriate choice of criminal or civil routes for confiscation.

This book will be of key interest to scholars, students, and practitioners in EU policy and law, criminal law, EU and national law on confiscation, EU criminal justice policy, and more broadly to European studies, criminology, and international organisations.

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Produktdetails

• Verlag: Taylor & Francis eBooks
• Erscheinungstermin: 30. Mai 2025
• Englisch
• ISBN-13: 9781040362266
• Artikelnr.: 73917834

Autorenporträt

Ariadna H. Ochnio is Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences, Warsaw, Poland.

Inhaltsangabe

1. Introduction 2. What can a restorative approach to justice offer to EU
law-making policy on the confiscation of the proceeds of crime? 3. The
evolution of EU law-making policy on the confiscation of the proceeds of
crime 4. Gaps in EU law standards for the confiscation of the proceeds of
crime 5. The influence of EU law standards on the confiscation of the
proceeds of crime on the normative framework of confiscation in Poland,
Germany and France 6. Changing the approach to confiscation: possible
implications for other fields of EU criminal justice policy 7. How to
increase the restorativeness of EU law-making policy on the CPC?