Evidentiary proceedings in extended confiscation cases: where to draw the line?

Abstract Cooperation in asset confiscation matters in the European Union requires that the relevant national solutions are based on solid foundations that respect legal principles and fundamental rights. This may be difficult due to relatively far-going evidentiary simplifications applied in national legal orders. The article presents such simplifications applied in extended confiscation proceedings in EU Member States. These are: legal presumptions operating against the defendant, reversal of the burden of proof, and lower standard of proof. It also explains the need for limitations and safeguards in this regard, which are essential for creating an effective criminal policy based on a solid legal foundation. The article closes with conclusions on the appropriate limitations and safeguards, in the form of 6 guidelines, which should support the correct implementation of Directive 2024/1260 in the national legal orders of the EU Member States. The presented findings were elaborated within the research project ‘Extended confiscation and its justification in light of fundamental rights and general principles of EU law’, funded by the National Science Centre, Poland (2020/39/D/HS5/01114).