Recent Legislative and Policy Developments on Non-conviction-based confiscation in Europe

Session Submission Type: Pre-arranged Panel

Abstract

The confiscation of criminal proceeds has developed into an important cornerstone in the fight against organized crime and other serious offences. Recently, much attention has been paid to non-conviction-based confiscation-mechanisms (“NCBC” for short). A large number of international conventions, recommendations, and various types of EU legislation clearly reflect the significance of NCBC in modern criminal law policy. Many European countries have introduced NCBC-provisions. The ECtHR notes that NCBC-mechanisms have turned into “common European and even universal legal standards”. However, a great variety of NCBC-models exist, resulting in significant impediments to international cooperation. The EU Directive 2024/1260 seeks to create further harmonization. Confiscation laws, especially regarding NCBC, are subject to constant change. Therefore, it is especially important to keep a close eye on current legislative and policy developments.
The panel’s task is to analyze NCBC-legislation, policies, and practices in different European countries, including the EU legal framework, and to discuss national particularities, compliance with fundamental rights, and procedural safeguards.
The first paper analyzes the EU framework on NCBC, especially Directive 2024/1260/EU and Regulation 2018/1805/EU (including important findings on its implementation in national legislation), and the well-established Italian NCBC-model (Oscar Calavita). The second paper examines the new Austrian NCBC-provision, one of the most recent laws on NCBC in Europe, and current developments on NCBC in Swiss case law (Cathrine Konopatsch). The third paper analyzes both the German NCBC-legislation, an advanced model, and the Greek NCBC-system that is lagging behind European developments (Anna Sakellaraki). The fourth paper discusses the Lithuanian NCBC-mechanism that takes place in civil proceedings after the discontinuation of money laundering investigations; and the Latvian criminal law NCBC-model (Skirmantas Bikelis). The fifth paper analyzes the EU’s concept of smart sanctions, in the context of Russia’s warfare in the Ukraine, and their connection to NCBC-policies (Michael Kilchling).

Subtopic

• Topic 5: Social Control and Criminal Justice / Criminal Policy, Criminalization, Policy of Criminal Sanctions (Criminal Law Making Policy WG)

Chair

• Cathrine Julia Konopatsch, FernUni Schweiz

Individual Presentations

• Non-conviction-based confiscation: a multilevel focus on Italy, Directive 2024/1260/EU and Regulation 2018/1805/EU - Oscar Calavita, University of Turin

• Non-conviction-based confiscation in Austria and Switzerland – Lessons to be learned from an EU Member State and a non-EU Member State - Cathrine Julia Konopatsch, FernUni Schweiz

• Confiscation of Illicit Flows: Two Far-Reaching Models from Baltic States - Skirmantas Bikelis, LCSS Law Institute

• The EU’s Targeted Sanctions Against Russia's Political and Economic Elites – A next step in the logics of non-conviction-based confiscation policies - Michael Kilchling, Max Planck Institut (Freiburg)