Suchergebnisse

This contribution, which is intended to be succinct and descriptive, is intended to outline the adoption of the 5th Anti-Money Laundering Directive (1), its procedure for transposing it into Belgian law (2) and the main amendments made by the Law of 20 July 2020 to the Belgian anti-money laundering legislation, with a particular focus on the new persons subject to that regime (3). ; La présente contribution, qui se veut succincte et descriptive, a pour objet de tracer les contours de l'adoption de la 5 e directive antiblanchiment (1), de sa procédure de transposition en droit belge (2) et des principales modifications que la loi du 20 juillet 2020 apporte au dispositif législatif anti-blanchiment belge, avec un focus particulier sur les nouveaux assujettis audit régime (3).

Since the late twentieth century, new criminal policies have emerged which have substantially restructured the global effort to fight crime. These anti-crime strategies eschew traditional approaches to fighting illicit behaviours in favour of a new paradigmatic shift towards the asset recovery strategy. The newly established mechanisms aim at tackling the criminals where it hurts the most, i.e. their property, with a view to ensuring that crime does not pay. This contribution succinctly analyses the birth and evolution of modern confiscation mechanisms, the prevailing models for efficient recovery of criminal property, and the European Union state of the art on the matter.

Since the late twentieth century, new criminal policies have emerged which have substantially restructured the global effort to fight crime. These anti-crime strategies eschew traditional approaches to fighting illicit behaviours in favour of a new paradigmatic shift towards the asset recovery strategy. The newly established mechanisms aim at tackling the criminals where it hurts the most, i.e. their property, with a view to ensuring that crime does not pay. This contribution succinctly analyses the birth and evolution of modern confiscation mechanisms, the prevailing models for efficient recovery of criminal property, and the European Union state of the art on the matter.

Since the late twentieth century, new criminal policies have emerged which have substantially restructured the global effort to fight crime. These anti-crime strategies eschew traditional approaches to fighting illicit behaviours in favour of a new paradigmatic shift towards the asset recovery strategy. The newly established mechanisms aim at tackling the criminals where it hurts the most, i.e. their property, with a view to ensuring that crime does not pay. This contribution succinctly analyses the birth and evolution of modern confiscation mechanisms, the prevailing models for efficient recovery of criminal property, and the European Union state of the art on the matter.

Confiscation is one important component of contemporary policies against serious crime and more largely to acquisitive crime. International organisations such as the EU are increasingly compelling or at least encouraging national legislators to introduce more effective and incisive tools to deprive criminals of their illicit gain, even in the absence of a final conviction. The risks of abuses and interferences with fundamental rights are, however, evident. On several occasions, the European Court of Human Rights has dealt with cases involving various forms of confiscation, but many aspects are still debated. This article aims to provide a brief overview of the variegated case law from Strasbourg, highlighting recent and possible future developments.

Confiscation is one important component of contemporary policies against serious crime and more largely to acquisitive crime. International organisations such as the EU are increasingly compelling or at least encouraging national legislators to introduce more effective and incisive tools to deprive criminals of their illicit gain, even in the absence of a final conviction. The risks of abuses and interferences with fundamental rights are, however, evident. On several occasions, the European Court of Human Rights has dealt with cases involving various forms of confiscation, but many aspects are still debated. This article aims to provide a brief overview of the variegated case law from Strasbourg, highlighting recent and possible future developments.