Prawo karne i postępowanie karne

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Browsing Prawo karne i postępowanie karne by Subject "asset recovery"

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    Recent Developments in EU Anti-Corruption Strategy: the Missing Element of the Return of Corrupt Assets to ‘Victim Countries'
    (Journal of Money Laundering Control, 2024) Ochnio, Ariadna H.
    Purpose Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC‘s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). The article discusses these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms. Design/methodology/approach Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law. Findings There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance. Originality The article discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.
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    The Tangled Path From Identifying Financial Assets to Cross-Border Confiscation. Deficiencies in EU Asset Recovery Policy
    (European Journal of Crime, Criminal Law and Criminal Justice (Brill | Nijhoff), 2021) Ochnio, Ariadna H.
    The article discusses the shortcomings of EU policy regarding cross-border asset recovery. The identified problem is a disjointed approach to the overlapping objectives of criminal proceedings: gathering evidence and securing assets for future confiscation. In the current EU legal framework, the process of recovery of assets, understood as a sequence of functionally related activities, lacks the continuity necessary to be effective. EU cross-border cooperation instruments in criminal matters do not meet the needs of this process, as they relate to separate investigative measures. Problems in this field have been indirectly reflected in the practice of Eurojust and the EJN. The article proposes a change in the perception of the initial phase of the asset recovery process, where the objectives of identifying and locating financial assets are combined with their provisional securing. This takes place under one mechanism of crossborder cooperation (an EIO), prior to issuing a regular freeze or seizure order.