Rethinking EU Law-making Policy on Confiscation of the Proceeds of Crime

Ariadna H. Ochnio (Polish Academy of Sciences, Poland)

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English

Routledge
30 May 2025

Regional studies; EU & European institutions; Law & society; International law; Criminal law & procedure

Series: Routledge/UACES Contemporary European Studies

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.

By: Ariadna H. Ochnio (Polish Academy of Sciences Poland)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781032737669
ISBN 10: 1032737662
Series: Routledge/UACES Contemporary European Studies
Pages: 240
Publication Date: 30 May 2025
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Forthcoming

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