In the framework of the “Research on legal tools and innovations related to AML and confiscation of the proceeds of crime”, the Siracusa Institute and the EU AML/CFT Global Facility conducted a far-reaching study whose objective was to review the broadest range of legal innovations employed around the world to solve difficulties related to burden of proof in money laundering and confiscation matters and assess their compatibility with fundamental rights and the common legal and constitutional issues that may be encountered in their application.
To this end, four Meetings of a High-Level Experts Working Group on “Assessing the scope and effectiveness of innovative legal approaches to money laundering investigations and asset recovery” took place between December 2021 and May 2023, respectively in Siracusa (Italy), Bucharest (Romania), Aqaba (Jordan) and Chinisau (Moldova). The experts involved comprised criminal law academics, constitutional law specialists, Constitutional Court Judges and AML/CFT practitioners.
As a result of this project, the final report “Legal Approaches to Evidentiary Challenges in Money Laundering Prosecutions and Confiscation Proceedings: A Constitutional Review” was published. This publication includes the experts’ recommendations on the use of legal innovations to solve difficulties related to burden of proof in money laundering and confiscation matters, as well as a broad catalogue of legal mechanisms , which will serve as a valuable resource for policymakers, legislators, legal practitioners, and scholars around the world.
The publication was officially launched at the Final Conference on “Legal approaches to evidentiary challenges in money laundering prosecutions and confiscation proceedings”, held in Siracusa from October 17 to 18, 2023. This conference brought together a diverse range of experts, including former judges, prosecutors, and constitutional court officials, providing a unique opportunity to learn from their experiences and insights while seeking innovative legal solutions to combat money laundering and asset confiscation.
During the first day of the conference, participants discussed evidentiary challenges in prosecuting money laundering and confiscating illicit proceeds, common constitutional challenges to alternative approaches to money laundering and confiscation, as well as effective prosecution mechanisms. The second day of the conference addressed effective confiscation mechanisms and also explored asymmetry in legal approaches and international cooperation.
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