Chasing criminal wealth: broken expectations for the criminalization of illicit enrichment in Lithuania
| DOI | https://doi.org/10.1108/JMLC-12-2020-0135 |
| Published date | 21 October 2021 |
| Date | 21 October 2021 |
| Pages | 95-108 |
| Author | Skirmantas Bikelis |
Chasing criminal wealth:
broken expectations for the
criminalization of illicit
enrichment in Lithuania
Skirmantas Bikelis
Law Institute, Lithuanian Centre for Social Sciences, Vilnius, Lithuania
Abstract
Purpose –This study aims at elaboratingwhether the criminalization of illicit enrichment has the potential
to be an efficientand well-balanced measure against profiting from seriouscrime.
Design/methodology/approach –This study offers a normative analysis of the concept of the
criminalization of illicitenrichment, particularly from the perspective of the presumptionof innocence. This
paper supplements theoretical considerations using Lithuania, where illicit enrichment was criminalized a
decade ago, as a case study. It analyses data of all 28 known criminalcases on illicit enrichment that resulted
in judgementsin Lithuania in 2015–2019.
Findings –The author concludes that on neither a fundamental nor practical level can the assumption
that the criminalization of illicit enrichment efficiently carries out the task for which it was created be
supported. Moreover, efforts to implement this legal strategy might unbalance the syste mo f illicit asset
recovery measures and obstruct the implementation of other promising legal instruments.
Originality/value –As very few states with developeddemocracy and strong rule of law traditions have
implemented criminalization of illicit enrichment, there are very few if any empirical data or analysis of
practices on this issue that couldcontribute to the theoretical discussion. This paper aims at contributingto
fulfillment of this gap by presenting relevant dataand insights from the perspective of Lithuanian criminal
justice system.
Keywords Proceeds of crime, Ukraine, Lithuania, Illicit enrichment, Civil confiscation,
Presumption of innocence
Paper type Research paper
1. Introduction
In recent decades, it has been widely acknowledged that the criminal law’s traditional
confiscation of the proceeds of crime has not been an efficient tool with which to ensure
that “crimedoesnotpay”, especially in the area of organized crimeand corruption
(Boucht, 2017,p.1;EC,2008). The international community and individual states aim at
developing more effective confiscation strategies and striking the right balance with
the principles of the protection of fundamental human rights. Most of these strategies
avoid applying the definition of the proceeds of crime that is closely related to the
presumption of innocence and requires the highest standards of proof to instead focus
on suspicious unexplained wealth, labelling it the “proceeds from criminal conduct”
(see the extended powers of confiscation in Directive 2014/42 and in the penal laws of
member states of the European Union), the “proceeds from unlawful conduct”(civil
confiscation laws of Republic of Georgia, 2004; Republic of Slovakia, 2010;Republic of
Slovenia, 2011;Republic of Bulgaria, 2018;andRepublic of Ukraine, 2019)or
“unexplained wealth”(UK, 2017;Republic of Lithuania, 2020).
Illicit
enrichment in
Lithuania
95
Journalof Money Laundering
Control
Vol.25 No. 1, 2022
pp. 95-108
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-12-2020-0135
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/1368-5201.htm
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