The Limits of Asset Confiscation

This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues.

The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.

1. Introduction
I. The Rise of Extended Appropriation as a Criminal Policy Measure
II. Extended Asset Appropriation and other Forms of Confiscation
III. A Note on Terminology
IV. A Note on Methodology
V. Delimitations
VI. Outline of the Book
2. Extended Criminal Confiscation
I. The Principal Features of Extended Criminal Confiscation
II. Extended Criminal Confiscation in the EU
III. Criminal Confiscation in Norway and Sweden
IV. Criminal Confiscation in England and Wales
V. Summing Up the Comparison
3. Non-Conviction Based Asset Confiscation
I. The Principal Features of Non-Conviction Based Confiscation
II. Non-Conviction Based Confiscation in England and Wales, Ireland and the EU
4. Justifying Asset Confiscation
I. Introduction
II. Justifying Extended Appropriation
III. The Legal Nature of Extended Asset Appropriation
5. Towards a Normative Framework for Assessing Extended Asset Appropriation
I. Exploring the Limits of Extended Asset Appropriation
II. Extended Criminal Confiscation: The Target Area
III. Quantification of Extended Criminal Confiscation Orders-Should Substantive Proportionality Be Required?
IV. Extended Criminal Confiscation: Procedural Safeguards
V. Non-Conviction Based Confiscation: The Target Area
VI. Quantification of Non-Conviction Based Confiscation Orders-Should Substantive Proportionality be Required?
VII. Non-Conviction Based Confiscation: Procedural Safeguards
6. Curtain: Assessing the Feasibility of Extended Appropriation

“The Limits of Asset Confiscation is an insightful, well-researched book that is well worth reading for anyone with an interest in confiscation laws. It is clearly a result of considerable effort and has the merit of introducing clarity and structure into what can be a daunting area of law.” –  Anton Moiseienko, Queen Mary University of London, New Journal of European Criminal Law

“The book contains a descriptive chapter on the rules on extended criminal confiscation in the EU, Norway, Sweden, England and Wales. Also rules on NCB confiscation are described. This account is informative. However, even more interesting and rewarding are the chapters on the reasons for introducing schemes on extended appropriation and the normative framework surrounding them. These sections are analytical, normative, and legal-dogmatic. You can read them with thoughtfulness and be well-rewarded by the discussion. (Translated from the original Swedish)” –  Per Ole Träskman, Professor Emeritus of Criminal Law at the University of Lund, Sweden, Nordisk Tidsskrift for Kriminalvidenskab