International Confiscation of Assets in Switzerland: Modern Trends and Challenges

presumption of innocence and international n.w

1 / 5

Embed Share

Explore the complexities of the presumption of innocence and international confiscation of assets in Switzerland, as discussed at the 2025 ECLAN Annual Conference. Learn about criminal proceedings, mutual legal assistance, the distinction between confiscation and compensatory claims, and the implications of asset seizure. Delve into the evolving landscape of enforcing criminal decisions and the uncertainties surrounding asset seizure. Contact Prof. Dr. Maria Ludwiczak Glassey for more information.

treaz Follow

Uploaded on Jun 17, 2025 | 0 Views

Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.

Download Presentation

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.

E N D

Presentation Transcript

Presumption of innocence and international confiscation of assets located in Switzerland Prof. Dr. Maria Ludwiczak Glassey 2025 ECLAN Annual Conference The Presumption of Innocence: Modern Trends and Contemporary Challenges 15 16 May 2025

The configuration Criminal proceedings in the forum State (Conviction and) Decision on confiscation of assets Assets located in Switzerland: Mutual legal assistance ? Provisional measure: Seizure of assets Definitive measure: Forfeiture of assets Sharing

The distinction between confiscation and compensatory claim Criminal proceedings in the forum State (Conviction and) Decision on confiscation of assets Assets located in Switzerland: Mutual legal assistance Proceeds of crime: Confiscation Mutual legal assistance Proceeds of crime no longer available: Compensatory claim Enforcement of criminal decision Administrative procedure: Handing over of assets 1. Administrative procedure 2. Criminal judicial procedure: Exequatur Provisional measure: Seizure of assets Definitive measure: Forfeiture of assets Sharing

The digression: the seizure of assets Before 2022: cooperation with the Russian Federation subject to international guarantees (ATF 148 I 127) Today: no cooperation But the assets remain seized (ATF 149 IV 144; ATF 150 IV 201; see also TF, 2C_219/2022, 30.01.2025, 8) For how long? To what end?