chapter  2
20 Pages

Confiscation of the Proceeds of Crime: The European Union Framework

Opportunities for confiscating the proceeds of crime have been attracting increasing attention in the European Union. This attention manifests itself in three different ways. First, confiscation was mentioned as one of the methods for combating certain types of crime, such as money laundering, drug trafficking, defrauding community funds and organized crime. This is reflected in various legislative instruments which recommend provisions for confiscation.1 Second, the recovery of criminal money is increasingly seen as an independent issue not linked to a specific type of crime. This is evidenced, inter alia, by the Framework Decision on confiscation, which requires member states to put in place effective legislation for confiscation with respect to a variety of criminal acts.2 Similarly, attention is also being paid to international cooperation in confiscation cases, as evidenced by the Framework Decision on the execution in the European Union of orders freezing property or evidence3 and the Framework Decision on the execution in the European Union of confiscation orders.4 Finally, confiscation and confiscation legislation are also seen as part of the efforts to combat terrorist financing.5