Известия Саратовского университета. Новая серия: Серия «Экономика. Управление. Право» (Mar 2024)

Legal procedure of search, seizure and confiscation of criminal assets as a type of international criminal cooperation in the Republic of Ireland

  • Slivinskaya, Nadezhda Yuryevna

DOI
https://doi.org/10.18500/1994-2540-2024-24-1-89-98
Journal volume & issue
Vol. 24, no. 1
pp. 89 – 98

Abstract

Read online

Introduction. Hodiernal circumstances in the world underline the sparkling growth of organized crime activity. Getting criminal assets is meant to be one the threats that demand rapid response and cooperation of law enforcement bodies and other relevant authorities and officials all over the world. Criminal Assets Bureau is deemed to be such an authority that is entitled to exercise such activity in the Republic of Ireland. Theoretical analysis. Criminal Assets Bureau is authorized to search, freeze and confiscate proceeds of crime. Civil proceedings in assets recovery is the essence of the Irish confiscation procedure. Bureau is empowered to be a plaintiff in pleadings. Therefore, the formal proceeding chain is the following: Criminal Assets Bureau, Garda Síochána, High Court, Ministry of Justice and Equality. Еmpirical analysis. The provisions of criminal justice acts and conventional laws, characterized by the principle of extraterritoriality, regulate the search, arrest and confiscation procedure in the Republic of Ireland. International cooperation and mutual legal assistance matters are vested in a number of laws based on relevant conventions. Results. Organized and joint activity of the Criminal Assets Bureau grants an ability to avoid excessive bureaucratization of the process and accelerate formal cooperation in criminal matters with relevant foreign central authorities and officials.

Keywords