Tough on Criminal Wealth: Exploring the Practice of Proceeds from Crime Confiscation in the EU


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Constitutional and Administrative Law. Extra info for Tough on Criminal Wealth: Almost totally neglected is the disposal phase, despite its extreme importance for the effectiveness of the overall confiscation system. However, as the previous two sections have shown, this is not the case.

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Furthermore, it has been noted that experts are unlikely to be uniformly and completely informed about a particular area Ibidem. Some basic rules were followed in order to remedy these weaknesses as far as possible. First, in order to ensure that the informants selected were high profile experts, they were identified by the Ministries of Justice of the EU Member States considered here.

A problem is the scant cooperation forthcoming from other financial and non financial institutions. A further drawback is the information provided by informants, which in most cases is not particularly precise and therefore of limited use in identifying the proceeds from crime.

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Turning to the judicial phase, and in particular to implementation of reversal of the burden of proof foreseen by section 20, paragraph 2, this measure is only limited in its impact. This is because firstly it can be used solely in specific and restricted circumstances, and secondly because, at least in certain cases, the provisions relative to such reversal are substantially purposeless, being not correctly understood and interpreted— especially by judges.

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Proceeds of crime case against Hicks dropped

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