By Barbara Vettori
Based at the services of thirty prime specialists on confiscation within the ecu, this is often the 1st ebook to examine the perform of proceeds from crime confiscation within the unique fifteen european Member States. It examines the implementation of confiscation provisions in all 3 (investigative, judicial and disposal) levels of confiscation lawsuits. It quantifies the enforcement of confiscation provisions within the european, utilizing an leading edge and precise method and thereby furnishes knowing of hindrances and top practices.
The end of the booklet is that the ‘tough on legal wealth’ philosophy is essentially alien to the typical perform of legislation enforcement organizations. placing criminals in the back of bars remains to be the most target of the procedure, and lots of the scarce assets to be had are dedicated to reaching this.
This name is of curiosity to lecturers and scholars within the fields of criminology, sociology, and legislations, in addition to to legislations enforcement officials, public prosecutors, and policymakers.
Read Online or Download Tough on Criminal Wealth: Exploring the Practice of Proceeds from Crime Confiscation in the EU PDF
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Extra resources for Tough on Criminal Wealth: Exploring the Practice of Proceeds from Crime Confiscation in the EU
16. Level of implementation of the legal provision allowing for the reversal of the burden of proof, if such a legal provision exists. a range from 1 to 5, where 1 = not applied to a satisfactory extent; 5 = applied to a satisfactory extent The higher the level of implementation of the legal provision allowing for the reversal of the burden of proof, the better the law in action is assumed to be. (continued ) 32 CHAPTER 3 (Continued ) Variables for ESPJP Modalities of the variable 17. Level of implementation of property confiscation, if provided for by the legal system.
Building a Country Profile that Describes the Law in Action and Juxtaposes it to the Law in the Books The third step involved the building of a country profile which described the law in action and juxtaposed it with the law in the books. This was done on the basis of the experts’ replies to the questionnaire, and in particular on the basis of the comments stimulated by the prompt “Give brief reasons for your choice” after each question. Such comments, in fact, made it possible to obtain comments crucial for better understanding of current obstacles/best practices from the expert.
Consequently, the reason why each variable was assumed to be relevant to measurement of the law in action during the phase is explained, also by referring to the literature that highlights this significance. For the investigative phase, considering that the law in action of the phase can be expressed with the following mathematical expression, LAIP = (ESPIP UIP ) where: LAIP = The law in action of the investigative phase. ESPIP = The enforcement of specific legal provisions of relevance in the investigative phase.