Compatibility of Latvian non-conviction-based confiscation with Convention on Human Rights

2022

Traditional “repressive” criminal law is no longer sufficient to deal with the new threats posed by the global risk and information society. New forms of combatting international organised crime, drug trafficking and other serious crimes have emerged to target the most crucial aspect of incitive of the criminals – their money. Deprivation of property illegally obtained is an essential tool for crimes and money laundering. It led to the question of whether it is by human rights to confiscate the proceeds of crime, detected merely, e.g., in the form of suspects’ unexplained wealth, under a concept of unjust enrichment and re-establishment of the situation before a crime, and to do so without …