Implementation of the Extended Confiscation Regulations

• Authors: Starzynski, Piotr

Abstracts

EN

Uniformisation of the criminal code and the criminal process throughout Europe, given its main focus, is basically fiscal in character. This is particularly pronounced in the European regulations concerning the criminal seizure proceedings, which until now based on the mutual recognition principle and immediate execution of court orders between the Member States, as well as on developing common principles for evaluating property and its components. The issues of implementation of the Framework Decision on Confiscation of Crime-Related Proceeds, Instrumentalities and Property of 2 February 2005, which commands uniformisation throughout the Member States of legal instruments covering confiscation and extended confiscation, play important part in the trend of protecting fiscal interests of the European Union and the policy of fighting crime in genere by depriving offenders of the proceeds as well as instrumentalities of crime, as a fulfilment of the “crime does not pay” concept. Questions of constitutionality of extended confiscation, raised in this paper, support the need to reflect upon the system of values protected by the Constitution of particular Member States and the European legislature in the area of human rights. It is hard to imagine the uniformisation of the Criminal Law without the uniformisation of the Constitutional Law, which – in the opinion of the author of this paper – is closely tied to the ever present dilemma between the visions of “Europe of Motherlands” and the “Motherland of Europe”.

Keywords

EN

European legislation; extended confiscation; securing of property

• Publisher: Akademia Policji w Szczytnie
• Journal: Internal Security
• Year: 2010
• Volume: 2(2)
• Pages: 141-160

Contributors

author

Starzynski, Piotr