Penal Vs. Confiscation-Only Approaches in Money Laundering Control
This article examines two primary approaches to money laundering control: traditional penal and confiscation-focused approaches. These approaches are evaluated based on their potential in confiscating criminal proceeds and deterring effects. Data from recent Lithuanian money laundering proceedings e...
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| Format: | Article |
| Language: | English |
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Sciendo
2024-12-01
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| Series: | Baltic Journal of Law & Politics |
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| Online Access: | https://doi.org/10.2478/bjlp-2024-00021 |
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| author | Bikelis Skirmantas Pranka Darius Dainauskaitė Goda |
| author_facet | Bikelis Skirmantas Pranka Darius Dainauskaitė Goda |
| author_sort | Bikelis Skirmantas |
| collection | DOAJ |
| description | This article examines two primary approaches to money laundering control: traditional penal and confiscation-focused approaches. These approaches are evaluated based on their potential in confiscating criminal proceeds and deterring effects. Data from recent Lithuanian money laundering proceedings enriches this analysis. The data encompasses discontinued pre-trial investigations, final court judgments in criminal proceedings, and court decisions in civil proceedings against suspicious assets arising from discontinued pre-trial investigations. The research reveals limited success and minimal added value associated with the sole prosecution of money laundering, particularly in self-laundering cases. However, the study highlights the remarkable efficacy of a combined approach for combating illicit financial flows. This approach leverages the investigative powers available during pre-trial money laundering investigations alongside the rules and standards of civil proceedings. This synergy facilitates the successful declaration of suspicious assets as ownerless and subject to forfeiture by the state. |
| format | Article |
| id | doaj-art-a0c776f572dd4ffa8d71ccb7dc468329 |
| institution | Kabale University |
| issn | 2029-0454 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Baltic Journal of Law & Politics |
| spelling | doaj-art-a0c776f572dd4ffa8d71ccb7dc4683292025-02-02T15:47:45ZengSciendoBaltic Journal of Law & Politics2029-04542024-12-0117218820610.2478/bjlp-2024-00021Penal Vs. Confiscation-Only Approaches in Money Laundering ControlBikelis Skirmantas0Pranka Darius1Dainauskaitė Goda21Dr. Law Institute of the Lithuanian Centre for Social Sciences, Lithuania2Dr. Law Institute of the Lithuanian Centre for Social Sciences, Lithuania3Law Institute of the Lithuanian Centre for Social Sciences, LithuaniaThis article examines two primary approaches to money laundering control: traditional penal and confiscation-focused approaches. These approaches are evaluated based on their potential in confiscating criminal proceeds and deterring effects. Data from recent Lithuanian money laundering proceedings enriches this analysis. The data encompasses discontinued pre-trial investigations, final court judgments in criminal proceedings, and court decisions in civil proceedings against suspicious assets arising from discontinued pre-trial investigations. The research reveals limited success and minimal added value associated with the sole prosecution of money laundering, particularly in self-laundering cases. However, the study highlights the remarkable efficacy of a combined approach for combating illicit financial flows. This approach leverages the investigative powers available during pre-trial money laundering investigations alongside the rules and standards of civil proceedings. This synergy facilitates the successful declaration of suspicious assets as ownerless and subject to forfeiture by the state.https://doi.org/10.2478/bjlp-2024-00021money launderingcivil confiscationcrime proceedsillicit flowsproportionality |
| spellingShingle | Bikelis Skirmantas Pranka Darius Dainauskaitė Goda Penal Vs. Confiscation-Only Approaches in Money Laundering Control Baltic Journal of Law & Politics money laundering civil confiscation crime proceeds illicit flows proportionality |
| title | Penal Vs. Confiscation-Only Approaches in Money Laundering Control |
| title_full | Penal Vs. Confiscation-Only Approaches in Money Laundering Control |
| title_fullStr | Penal Vs. Confiscation-Only Approaches in Money Laundering Control |
| title_full_unstemmed | Penal Vs. Confiscation-Only Approaches in Money Laundering Control |
| title_short | Penal Vs. Confiscation-Only Approaches in Money Laundering Control |
| title_sort | penal vs confiscation only approaches in money laundering control |
| topic | money laundering civil confiscation crime proceeds illicit flows proportionality |
| url | https://doi.org/10.2478/bjlp-2024-00021 |
| work_keys_str_mv | AT bikelisskirmantas penalvsconfiscationonlyapproachesinmoneylaunderingcontrol AT prankadarius penalvsconfiscationonlyapproachesinmoneylaunderingcontrol AT dainauskaitegoda penalvsconfiscationonlyapproachesinmoneylaunderingcontrol |