Non-conviction based confiscation
„The Bulgarian example“ in the light of Directive (EC) 2024/1260
Keywords:
International Criminal Law, European Criminal Law, Transposition of Norm of the International Criminal Law and the European Criminal Law, Non Conviction Based Confiscation, Interpretation and Application of the Civil Law and Common Law systems, Competition of the Legal Orders, Non Conviction Based Confiscation in National Legal SystemAbstract
This article provides a brief overview of the legal regimes of the UN Convention against Corruption, the criminal law of the European Union and that of the Republic of Bulgaria. It demonstrates the existence of a distinction between the different models of non-conviction based confiscation and the inapplicability of the „confiscation in rem“ model in the national legal order. It is denied that the confiscation of property acquired from crime or criminal activity or of „illegally acquired property“ has the legal characteristics (nature) of a private law or civil law sanction and should be imposed in civil liability proceedings.
