Criminalising Dealings in Assets of Unknown Origin As a Strategy Against Organised Crime
| author | María Quintas Pérez () |
| journal | RIDP (ISSN: 0223-5404) |
| volume | 2026 |
| issue | Criminal Justice Systems and Organised Crime: Old Problems and New Perspectives |
| section | Organised Crime Between Transnational Dimension and Illicit Businesses and Trafficking |
| date of publication | June 3, 2026 |
| language | English |
| pagina | 137 |
| OID | |
| abstract | Given that offenders are primarily motivated by economic gain, one effective strategy to combat organised crime is to target its proceeds. With the aim of ensuring that crime does not pay, various criminal offences and legal instruments have been developed to impose sanctions when the commission of a specific offence cannot be proven, yet an individual’s assets are manifestly disproportionate to their lawful income. This paper analyses in particular the offences of tax fraud, money laundering and illicit enrichment. It also considers confiscation mechanisms, especially extended confiscation and the confiscation of assets held by third parties, which play an important role in preventing offenders from retaining the economic benefits of criminal activity. Although the analysis centres on Spanish legislation, much of this framework has been harmonised at the European Union level. As a result, the discussion may also be of interest from a broader comparative perspective and to readers from other jurisdictions facing similar challenges. |

