Dr Juliette Lelieur, Associate Professor of Law visiting from the University of Strasbourg, will deliver a paper entitled: ‘Freezing and confiscating criminal assets in the European Union’
Date: 20 March 2017
Venue: Room 5.15, 5th Floor, Ligertwood Building
Abstract: This paper examines the confiscation of the proceeds of crime, which was first recognised as an effective way to punish lucrative organised criminal activities in the early 1990s. It even became apparent that some offenders feared that punishment more than they did a prison sentence. Soon after the European arrest warrant was adopted in 2002, the European Union began applying the principal of mutual recognition of judicial decisions between Member States to the freezing and confiscation of criminal assets. EU-Law and the national Law of the Member States adopted sophisticated techniques of confiscation, such as equivalent-value confiscation, extended confiscation, confiscation of the assets of third parties and even confiscation without a criminal conviction. The European Court of Human rights subsequently ruled on whether these new instruments are compatible with the right of property and the presumption of innocence enshrined in the European Convention of Human rights.
Dr Juliette Lelieur completed her PhD in 2005 at the University of Paris Panthéon-Sorbonne. She has been a researcher at the Max-Planck-Institute for International and Foreign Criminal Law in Freiburg, Germany, leading the French Law Unit until 2007. She also worked at the University of Basel, Switzerland, and for the OECD Working Group on Bribery. She is currently a Member of the National Commission sanctioning failures of the private sector in preventing money laundering. Dr Lelieur’s research involves international criminal law (international jurisdiction, mutual legal assistance, extradition, European Arrest Warrant, and international freezing and confiscation of criminal assets) and business criminal law (foreign bribery and money laundering). Her work takes a comparative approach, dealing with French, German and Swiss law. Dr Lelieur teaches French Criminal Law, International and European Criminal Law and Masters courses in German Criminal Procedure and the Prevention of Money Laundering.