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Based on the expertise of thirty leading experts on confiscation in the EU, this is the first book to analyse the practice of proceeds from crime confiscation in the original fifteen EU Member States. It examines the implementation of confiscation provisions in all three (investigative, judicial and disposal) phases of confiscation proceedings. It quantifies the enforcement of confiscation provisions in the EU, using an innovative and unique methodology and thereby furnishes understanding of obstacles and best practices. The conclusion of the book is that the ‘tough on criminal wealth’ philosophy is largely alien to the everyday practice of law enforcement agencies. Putting criminals behind bars is still the main aim of the system, and most of the scarce resources available are devoted to achieving this. This title is of interest to academics and students in the fields of criminology, sociology, and law, as well as to law enforcement officers, public prosecutors, and policymakers.

Forfeiture --- Criminal procedure --- Asset confiscation --- Asset seizure --- Civil forfeiture --- Confiscation of assets --- Criminal forfeiture --- Seizure of assets --- Sentences (Criminal procedure) --- Attainder --- Law and legislation --- Criminology. --- Criminal Law. --- Civil law. --- Criminology and Criminal Justice, general. --- Criminal Law and Criminal Procedure Law. --- Civil Law. --- Law, Civil --- Private law --- Roman law --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Social sciences --- Legal status, laws, etc. --- Study and teaching --- Criminal law.

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The current reader presents the Italian policies against organized crime, which encompass a broad set of instruments tailored to counter the threat from ‘mafia’ and other organised crime threats in Italy. The key measures among these are: the confiscation, administration and utilization of confiscated criminal assets; the dissolution of local municipal councils, infiltrated by mafia; special penitentiary regimes for high-ranking leaders of organized crime. All these policies are a direct response to the challenges imposed by the organized crime. They expand the scope and the set of instruments available to the prosecution and law-enforcement systems. This set of policies complement the traditional approaches against the mafia, which have proven to be not sufficiently effective in a situation of persisting mafia pressure upon the political and economic life in the country. In light of this, the Italian experience could be applicable to countries, such as Bulgaria, which are vulnerable to corruption and organized crime.

Organized crime.

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This report was prepared in the context of the Study RECAST – REuse of Confiscated Assets for social purposes: towards common EU Standards. The Study was awarded to the University of Palermo – Department of European Studies and International Integration (coordinator: Giovanni Fiandaca, professor of criminal law) by the European Commission, DG Home Affairs, under the 2010 ISEC Programme. It was carried out in cooperation with the Center for the Study of Democracy and the FLARE Network (co-beneficiaries) and with the support of the Italian Agenzia nazionale per l’amministrazione e la destinazione dei beni sequestrati e confiscati alla criminalità organizzata and UNICRI (associate partners). This report analyses laws and practices for the management and disposal of confiscated assets in the European Union. The analysis explores the challenges and best practices of the Member States in this hitherto neglected area and strives to contribute to improvement of the overall effectiveness of the existing confiscation systems. This mapping has been carried out by the University of Palermo – Department of European Studies and International Integration (UNIPA) and by the Center for the Study of Democracy (CSD). The main tool used to gather relevant information was a questionnaire administered to one (or more) national expert/s in each Member State; this information was complemented with secondary data.

Reparation (Criminal justice) --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law)

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The volume compares the legislation and the application practice regarding administration and destination in the EU. Then the main experiences of social reuse and reuse regimes are presented, with a focus on the Italian (direct social reuse) and French (indirect social reuse) cases.

Legislation --- Sociology