Treaty-based control – the view of the ECtHR on confiscation (criminal confiscation, extended confiscation, non-conviction-based confiscation, third party confiscation) according to Directive 2014/42/EU

Abstract

As far as the purpose of this paper is concerned, carrying out a comprehensive analysis of confiscation procedures in the light of the Convention is at least an ambitious project, if not an impossible one, in the absence of further clarification. In this sense, the approach relates to the latest developments in the field of EU law on harmonization efforts in the area, respectively Directive 2014/42/EU.

The analysis begins with the exposition of the changes made at the Union level. Afterwards, the institutions created and implemented in the national legal order are presented. Further on, the aforementioned institutions are again analyzed in opposition to the potential application of Art. 1 of the Additional Protocol no. 1, Art. 6 - the right to a fair trial in criminal matters, Art. 7 - Nullum crime sine lege and Art. 4 of Additional Protocol no. 7 - ne bis in idem, related to issuing confiscation orders. Obviously, the analysis is made with reference to the effects of a confiscation order which, in the sense of Directive 2014/42/EU, encompasses a final deprivation of property ordered by a court in connection with the commission of a crime.