The real Achilles heel of expanded confiscation

Abstract

This paper, aside from outlining the incorporation of extended confiscation into the Penal Code, its categories, and its future reform after Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on Asset Recovery and Confiscation, specifically examines the compatibility of the nexus established in the extended confiscation between the property or asset and the underlying criminal activity with the fundamental principles of culpability and other criminal guarantees.