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Date: April 30, 2024 Tue
Time: 2:28 am
Time: 2:28 am
Results for illegal proceeds
2 results foundAuthor: Transparency International Title: Confiscation of Criminal and Illegal Assets: European Perspectives in Combat against Serious Crime Summary: In order to disrupt organised crime activities it is essential to deprive criminals of the proceeds of crime. Organised crime groups are building large-scale international networks and amass substantial profits from various criminal or illegal activities. The proceeds of crime are laundered and re-injected into the economy in order to be legalised. The confiscation/forfeiture of criminal or illegal assets is considered as a very effective way to fight organised crime, which is essentially profit-driven. Seizing back as much of these profits as possible aims at hampering activities of criminal organisations, deterring criminality and providing additional funds to invest back into law enforcement activities or other crime prevention initiatives. The relevance of this issue is in removing the economic gain from serious crime (including, but not limited to drug trafficking, corruption, money laundering, organised crime) in order to discourage the criminal and illegal conduct. The confiscation/forfeiture of assets has been in the focus of the attention of the European Union (EU) for quite some time now, but since 2001 there are documents that can indicate developments in the concept on behalf of European institutions. Confiscation of criminal assets and Illegal asset forfeiture policy follows the course set forth by the common EU policy in the area of justice and home affairs. This course is demonstrated by the special focus on corruption and organised crime in the Lisbon Treaty and the Stockholm Programme alike2. The EU strategic vision on these issues is reflected in the Stockholm Programme which sets down the priorities of the European Union in the area of justice, freedom and security for the period 2010 - 2014. Building on the achievements of past programmes, namely the Tampere and Hague Programmes, it aims at meeting future challenges and strengthening this area by measures focused on citizens' interests and needs. Details: Bulgaria: Transparency International; Bucuresti, Romania: Transparency International; Milan: Transparency International, 2015. 16p. Source: Internet Resource: Policy Paper: Accesses August 24, 2015 at: http://www.confiscation.eu/site/wp-content/uploads/2015/03/Policy_Paper_EN_web.pdf Year: 2015 Country: Europe URL: http://www.confiscation.eu/site/wp-content/uploads/2015/03/Policy_Paper_EN_web.pdf Shelf Number: 136558 Keywords: Asset ForfeitureIllegal ProceedsOrganized Crime |
Author: Grigorov, Grigor Title: Forfeiture of Illegal Assets: Challenges and Perspectives of the Bulgarian Approach Summary: Confiscation of property acquired through crime and the forfeiture of illegal assets are instruments for active counteraction of serious crimes that are of nature to generate economic gain for their perpetrators or related persons. The application of such mechanisms indicates a firm political will and a particular governmental policy to combat crime. It is grounded on the awareness of an existing high risk of growing organised crime and corruption and the perception for its growing negative effect on the governance and economic development of the country. The reasons behind the adoption of legislation for forfeiture of illegal assets differ from one country to another but this specific approach should be taken as a clear policy against cumulation of assets whose legal origin cannot be proven. It aims at prevention and provides for dissuasive effect on future perpetrators. Ireland was one of the first countries to introduce in 1996 Asset Forfeiture in the form of the Criminal Assets Bureau which initiates civil forfeiture proceedings. Ever since this instrument has been part and parcel of a whole set of special legal provisions and institutions designed to enhance the effectiveness of counteracting organised crime and corruption in a large number of countries. Applying such an asset forfeiture mechanism in itself is a manifestation of a particular policy aiming to combat serious crime. The relevance of this problematic is in removing the economic gain from serious crime (including, but not limited to drug trafficking, corruption, money laundering, organised crime) in order to discourage the criminal conduct. Its importance is evidenced by the number of multilateral treaties that have been concluded and provide obligations for states to cooperate with one another on confiscation, asset sharing, legal assistance, and compensation of victims. Several United Nations conventions (including the United Nations Convention against corruption) and multilateral treaties contain provisions with regard to forfeiture of assets. The policy of counteracting organised crime and corruption signals a different approach in forfeiture of illegally acquired assets in favour of the state, in particular in view of the different problems it is designed to tackle. For example in Ireland the major objective is counteracting terrorism, and in Italy - forfeiture of assets belonging to the mafia. By its special nature the so called civil forfeiture allows for sanctioning of a larger set of actions related to strengthening the rule of law and restoring social justice. By its nature this is an encompassing policy - it is aimed not only at forfeiture of proceeds of crime in favour of the state as an ancillary mechanism regardless of the imposed penalty and the outcome of the criminal proceedings, but at any illegal assets (that is assets whose origin cannot be proven). Details: S0fia: Transparency International Bulgaria, 2014. 109p. Source: Internet Resource: National Report for Bulgaria: Accessed August 24, 2015 at: http://www.transparency.bg/media/cms_page_media/141/NationalReport_TI-BG_en_Forfeiture_of_Illegal_Assets_in_Bulgaria.pdf Year: 2014 Country: Bulgaria URL: http://www.transparency.bg/media/cms_page_media/141/NationalReport_TI-BG_en_Forfeiture_of_Illegal_Assets_in_Bulgaria.pdf Shelf Number: 136564 Keywords: Asset ForfeitureIllegal ProceedsOrganized Crime |