Utvidgat förverkande i brottmål - särskilt ur ett internationellt perspektiv
Tidsperiod: 2012-01-01 till 2014-12-31
Projektledare: Malin Thunberg Schunke
Budget: 2 193 000 SEK
In the last years there has been an increasing trend nationally and internationally to expand the possibilities to confiscate profit or other gain from crime. The sanction has gradually turned into one of the most progressive and expansive instrument available to prosecutors and judges. Partly due to EU-initiatives a rather controversial form of extended confiscation was introduced into Swedish law in 2008. However, there has been relatively little research in this area. The challenge to strike the right balance between an efficient law-enforcement and the protection of fundamental human rights is crucial. Various legal, constitutional and practical problems arise regarding national as well as transnational confiscation. In the EU the principle of mutual execution of foreign decisions of confiscation leads to special difficulties. The purpose of the project is to make a holistic analysis of the rules on confiscation of criminal assets and their application, and to make recommendations how the sanction should be used in individual cases. In part I a comprehensive and comparative study of the national legislation on extended confiscation in Sweden and six other States will be made. On the basis of these results part II will analyse under which circumstances transnational requests for confiscation - especially within the EU - may be executed efficiently and in accordance with due process. Swedish empirical data about the norms in practice will be collected and analysed.