Extended Confiscation of a Material Benefit in Polish Criminal Law

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Krzysztof Szczucki
Keyword(s):  
European Union ◽  
Criminal Law ◽  
European Parliament ◽  
Criminal Code ◽  
The European Union ◽  
Lower Chamber ◽  
Proceeds Of Crime ◽  
The Law ◽  
Draft Bill

On 23 March 2017 the Sejm (the lower chamber of the Polish Parliament) passed the Act on Amending the Criminal Code and Numerous Other Acts23. In the reasons appended to the draft bill it was asserted that the law intended “to introduce into Polish substantive, executive and procedural criminal law amendments with a view to enhancing the effectiveness of mechanisms employed to deprive offenders of the benefits they accrued as a result of committing a crime”. This paper sets out to present a construction of Article 45 of the Polish Criminal Code as amended and to assess the correctness of the amendment, particularly in the context of the Polish Constitution and the Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union.

scholarly journals The problematic scope of extended confiscation in comparative perspective

2019 ◽  
Vol 52 ◽  
pp. 119-133
Author(s):  
Ariadna H. Ochnio
Keyword(s):  
European Union ◽  
The Netherlands ◽  
Criminal Law ◽  
European Parliament ◽  
Comparative Perspective ◽  
Eu Law ◽  
The European Union ◽  
England And Wales ◽  
Normative Framework ◽  
Proceeds Of Crime

The scope of extended confiscation is determined, inter alia, by the choice of triggering offences in Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The question arises whether EU law guarantees appropriate limits of extended confiscation considering its specificity and the growing range of application in national legal orders. The study compared the normative framework of extended confiscation adopted in the criminal law of Poland, Romania, Germany, Austria, France, Spain, Finland, the Netherlands, and England and Wales. The list of offences, relevant for the scope of extended confiscation, is to be assessed by the Commission by 4 October 2019. The conclusions of the study concern the need to introduce, at the level of EU law, adequate safeguards against the disproportionate application of extended confiscation.

scholarly journals THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY

2019 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The European Union ◽  
Legal Entity ◽  
Criminal Procedure Law ◽  
The Law ◽  
Legal Entities

The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.

Extended Confiscation and the Proposed Directive on Freezing and Confiscation of Criminal Proceeds in the EU: On Striking a Balance between Efficiency, Fairness and Legal Certainty

2013 ◽  
Vol 21 (2) ◽  
pp. 127-162 ◽  
Author(s):  
Johan Boucht
Keyword(s):  
European Union ◽  
National Level ◽  
European Parliament ◽  
Theoretical Framework ◽  
Target Area ◽  
The European Union ◽  
Legal Certainty ◽  
Proceeds Of Crime ◽  
Procedural Safeguards ◽  
The Eu

This article consists of a principled analysis of extended confiscation as a legal phenomenon according to Article 4 of the Proposal for a directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union (COM (2012) 85 final). The analysis aims at creating a theoretical framework by which the legitimacy of schemes on extended confiscation can be assessed, both at EU level and at national level. This model utilises three parameters of assessment: the target area of extended confiscation, procedural safeguards and fairness (proportionality). The Commission proposal is set against these parameters and a suggestion is made for how the provision in the proposal could be revised in order to better fulfil the conditions put forward.

Criminalizing Waste Management Activities in Albania in the Light of the European Union Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 79-99
Author(s):  
Enkelejda Turkeshi
Keyword(s):  
European Union ◽  
Waste Management ◽  
Criminal Law ◽  
Legal Framework ◽  
Criminal Code ◽  
The European Union ◽  
Minimum Standard ◽  
Negative Effects ◽  
Illegal Waste ◽  
The Eu

Illegal waste management activities violate specific rules that aim at preventing or reducing the negative effects they may have on the environment and human health. For the purpose of providing a more effective protection of the environment, in many countries and since 2008 even at the European Union (EU) level, besides the relevant administrative offences, it is also provided for a specific criminal offence against environment concerning serious infringements of the waste management legislation. This paper examines the current legal framework in Albania concerning waste-related criminal offences, against the minimum standard set forth by the EU in the Directive 2008/99/EC on the protection of environment through criminal law. While the adoption of the new framework law on Integrated Waste Management in 2011 as part of Albania’s efforts in aligning its legislation to that of the EU, has been a positive step towards more stringent rules concerning waste management, thus helping in tackling the serious and constantly evolving problems that the country has been facing in this field for years, the paper suggests that certain amendments to the Criminal Code are also necessary, as the minimum standard of the EU requires that criminal law applies at least in the case of particularly serious infringements of the new waste management legislation. These amendments would increase the protection of the environment and further the alignment of the Albanian legislation with that of the EU, while the country is seeking to fulfill obligations for EU membership.

scholarly journals CONFISCATION OF CRIMINAL PROCEEDS IN THE EUROPEAN UNION CRIMINAL LAW

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Mihaela Agheniţei
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Organized Crime ◽  
Role Models ◽  
Local Communities ◽  
The European Union ◽  
Financial Systems ◽  
Negative Role ◽  
Proceeds Of Crime

AbstractThe confiscation of proceeds of crime has long been seen within the European Unionand beyond as an important tool in the armory of weapons to fight organized crime. Therationale for focusing on the confiscation of criminal proceeds is at least two- fold. First itaddresses concerns that enormous criminal wealth, generated most notably by various formsof trafficking offences, risks destabilizing financial systems and corrupting. As such theconfiscation of criminal assets seeks ultimately to reduce and prevent crime by making knownthat criminals will not be allowed to legitimate society. Second it attempts to undermine the“raison d'être” behind most organized crime activity, namely the maximization of profit byillicit means. As such the confiscation of criminal assets seeks ultimately to reduce andprevent crime by making known that criminals will not be allowed to enjoy their illicit wealth.By the same token, focusing on confiscation of criminal wealth can send an importantmessage by removing negative role models from local communities.

scholarly journals New Legal Solutions in the Hungarian Criminal Law with Reference to the Fight against the Irregular Migration

2019 ◽  
Vol 4 (2) ◽  
pp. 44
Author(s):  
Robert Bartko
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Irregular Migration ◽  
Member States ◽  
Irregular Migrants ◽  
Criminal Procedure Law ◽  
General Section ◽  
Criminal Statistics

International migration has intensified during the last two decades. Europe has been receiving increasing number of migrants from the developing countries (primarily from the Near-East). The number of the irregular migrants entered the European Union reached unprecedented levels in the last four years. The mentioned phenomenon affected the European Union and the Member States as well. The irregular migration is defined and managed in different ways by the Member States. In 2015, when Hungary was in the centre of the migratory flow, a political decision on taking the necessary criminal measures to stop the irregular migrants was made by the Hungarian Government. The legal response concerned widely the Hungarian legal system. In the centre of the amendment were the criminal law and the criminal procedure law. Within the frame of the mentioned decision the Hungarian Criminal Code was amended with three new crimes which are the followings: damaging the border barrier, unlawful crossing the border barrier and obstruction of the construction work on border barrier. The above-mentioned amendment modified the general section of the Criminal Code as well concerning the irregular migration. The aim of the paper is to present on the one hand the solution of the Hungarian criminal law with special reference to the new statutory definitions using the analytical method and on the other hand the data of the Hungarian criminal-statistics as well. However, it shall be underlined that in our paper we could work only with the offical criminal-statistics for 2015-2017 because until the finishing of our study the Unified Hungarian Criminal Statistic of the Investigation Authorities and Prosecution did not summarize yet the data concerns the year of 2018.

scholarly journals HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Наталья Лазарева ◽  
Natalya Lazareva
Keyword(s):  
European Union ◽  
World War Ii ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Framework ◽  
Criminal Code ◽  
The European Union ◽  
Socialist Republic ◽  
History Of ◽  
Criminal Legislation

The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.

scholarly journals Combating commodity smuggling in Ukraine: in search of the optimal legislative model

2021 ◽  
Vol 10 (47) ◽  
pp. 142-151
Author(s):  
Roman Movchan ◽  
Oleksandr Dudorov ◽  
Andrii Vozniuk ◽  
Vitalii Areshonkov ◽  
Yuriy Lutsenko
Keyword(s):  
European Union ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Code ◽  
The European Union ◽  
Law System ◽  
Foreign Countries ◽  
Major Attention ◽  
Legislative Model ◽  
Criminal Legislation

The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.

AIR PASSENGERS’ RIGHTS IN THE EUROPEAN UNION

2021 ◽  
Vol 65 (04) ◽  
pp. 184-187
Author(s):  
Gunel Oktay Huseynova ◽  
Keyword(s):  
European Union ◽  
Key Words ◽  
European Parliament ◽  
The European Union ◽  
Legal Basis ◽  
Mass Tourism ◽  
The Law ◽  
Flight Delay ◽  
Flight Cancellation

During the age of mass tourism, legislation is necessary to cover the rights and obligations of both passengers and airlines. Air passengers’ rights are enshrined in specific laws that support travelers and provide for protection and compensation when people face flight disruptions. These rules may differ depending on the region. The main problem in this field is that many people are unaware that the law is on their side and even passenger rights exist. Experience shows that 85% of air passengers are unaware of their rights. The legal basis of the European Union air passengers’ rights is Articles 91 and 100 of the Treaty on the Functioning of the European Union (TFEU). Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establish common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. Key words: passenger rights, flight delay; flight cancellation; overbooked flight; missed connecting flight; airline strike; delayed, lost, or damaged baggage.

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