Current development of Europeanization of criminal law in the field of freezing orders and confiscation orders in criminal matters
Abstract
The principle of mutual recognition of judgments and judicial decisions in criminal matters is undoubtedly an important part of the Europeanisation of criminal law. This principle has been introduced into the EU law in order to achieve an effective investigation and prosecution of cross-border crime across the EU and is inextricably linked to the strengthening of judicial cooperation between Member States.
However, if we want to achieve efficient conduct of criminal proceedings with an international dimension, we need to focus more on mutual recognition of freezing orders and confiscation orders. On top of that, this is an area of the EU law in which we have been witnessing a significant step forward in recent years.
In its first part, the following article deals with a brief definition of the concepts of freezing order and confiscation order in criminal matters. The second part of the article deals with the development of the Europeanization of criminal law in this field, with emphasis on the development of the most important legislation in the last two decades.
In the last part, the article discusses current developments in this area, with emphasis on Regulation 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders, which has been applied since the end of 2020.