Perda não baseada numa condenação
: à luz da transposição da Diretiva 2014/42/UE pela Lei n.º 30/2017, de 30 de maio

  • Raul António da Silva Araújo (Student)

Student thesis: Master's Thesis

Abstract

The particular interest in increasing the possibilities of confiscation - due to the inherent danger of the assets in question, or to the accumulation of illicit wealth that can be reinvested - has led, in recent years, to a non-conviction based confiscation acquired particular emphasis on European policy to combat organized crime. The exponential growth of organized crime, the use of more sophisticated and difficult to perceive methods, as well as the intensification of highly profitable crime for its agents, forced a more careful regulation of the European Union on the freezing and confiscation of instrumentalities and proceeds of crime – Directive 2014/42/UE of the European Parliament and of the Council of 3 April 2014 – in which it started to configure, as many already wished, an example of NCBC. If we had to tell the story of a subject like this, we think that this Dissertation would be a very interesting starting point. At first, because it seeks in its historical roots the explanation of its emergence. Secondly, because it explores its true characterization, despite the difficulties associated with its broad terminology. Then, because it reports the breakthroughs and setbacks of its legislative consecration in the European Union. Finally, because in the light of the transposition of the Community Directive (carried out by Law no. 30/2017, of 30 May), it seeks to demonstrate its consecration in the national legal system, reflecting on its material and procedural regulation. As it is an easily reconfigurable mechanism with the capacity to face the challenges of the criminal context in which it must intervene, not thinking about its future becomes a too tempting sin. Nevertheless, the temptation can never disregard the protection of human rights and procedural guarantees of those targeted. Finding balance and proportionality between these two realities is undoubtedly the biggest challenge.
Date of Award13 Sep 2021
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorJosé Damião da Cunha (Supervisor)

Keywords

  • Confiscation
  • Danger
  • Illicit wealth
  • Non-conviction based confiscation
  • European Union
  • Directive 2014/42/EU
  • Challenges
  • Human rights
  • Procedural guarantees

Designation

  • Mestrado em Direito

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