The (new) Directive on the Recovery and Confiscation of Assets: A new way to say ‘Crime Doesn't Pay’?’ Contributions to an analysis of the new legislation

Abstract

Directive 2024/1260 of 24 April 2024 was adopted with a view to facilitating cooperation and contributing to the effective fight against organised crime. The Directive therefore lays down (minimum) rules of a substantive and procedural nature, aimed, for example, at extending the legal possibilities for seizing, recovering and confiscating assets resulting from criminal activity. The aim is also to provide the system with an environment of efficiency in the administration of assets. The fundamental rights of defence of those affected are safeguarded, with the enshrinement of a set of ‘Guarantees’ that will naturally be added to the general body of law stemming from the rest of the national and EU legal system, without forgetting the acquis of the Council of Europe, especially the case law of the European Court of Human Rights.