Presumption of Innocence and Confiscation

Abstract

The purpose of this article is to analyze how it must be proved that the goods have an illicit origin and, thus, enable the extended confiscation to be agreed, after the transposition of Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the seizure and confiscation of instrumentalities and the proceeds of crime in the European Union, which amended the regulation of confiscation in the Criminal Code, and its impact on the right of the accused to the presumption of innocence. And, on the other hand, the different treatment given to the proof of the illicit origin of the assets acquired by third parties, since the confiscation of these assets is a civil pronouncement.