Asset Forfeiture in Portugal and EU in a Globalize World

• In Event: Poster Session

Abstract

In the middle of globalization and a complex world we are seeing an increase in criminal practices. These global crimes aim to achieve great wealth. It is a goal that is often achieved and that causes increasing inequalities between rich and poor. To prevent economic and financial crime is necessary to hold their agents. Agents can be individuals or legal persons. However, it is also necessary to recover the goods and/or benefits or assets that are derived from unlawful actions. We need to do a study in which we will address the different forms of loss of property to the State. There are arrangements that are permitted by national law, European Community law and international law. We can find new aspects of attempts to target the accumulated assets. It is necessary to follow-the-money (or some equivalent). It is possible to have different criminal, civil and regulatory responses. We must prevent and catch the criminal financial assets. We need also to prevent the organized crime. We have a very close connection between the problem of the "non-conviction based asset forfeiture" and the problem of the money laundering too. We are talking about recovering the proceeds or instrumentalities of crime.

Author

• Gonçalo S. de Mello Bandeira, Polytechnic Institute of Cávado and Ave