Non-conviction Based Confiscation: Why the EU Directive is a Missed Opportunity

Moving from the spread of organized crime within the European Union and the need for a common response by Member States, in this article the author addresses the use of non-conviction based confiscation in the European Union as a tool to fight crime. In particular, after defining and understanding the peculiarities of this provision, its dissemination among national legislations is considered, as well as the attempts at harmonising them at a European level. Following on from this, numerous other issues are taken into consideration and discussed: the legitimacy of non-conviction based confiscation, its usefulness and the problems arising from the legislative divergences within the European Union among others. With this preliminary background, the author finally considers the Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of proceeds of crime. Not only is the final text analysed, but also the previous legislative steps, including the original proposal of the European Commission, launched in March, 2012, the amendments suggested by the European Parliament and the Compromise Text agreed upon, at the end of the discussions (the ‘trilogues’) between Parliament, Council and Commission.