Increasing dependency of the society on the information technologies raises concerns over vulnerabilities in cyberspace and the “dark side” of the information networks. The growth of digital operations in legitimate markets is one of the vital factors for the economic development. However, as markets and trading themselves have always attracted criminals seeking benefits from illegal activities, digital networks become a key enabler for the growth of cybercrime, both with regard to committing traditional crimes in the Internet and to developing new types of computer misuse. Cybercrime has been evolving in line with how society uses digital networks, reacting to every... Read more

The initial source of the money laundering legislation that is still in full development is Directive 1991/308/EU (also known as the “first directive”) on prevention of the financial system from laundering the proceeds of criminal activities. Directive 2001/97/EU (the “second directive”) on the subject of prevention of employment of the financial system for laundering the proceeds of illicit activities demands a higher standard of obligations on the part of the Member States and extends the scope of the subjects upon whom such obligations are imposed. Italian Legislative Order 231/2007 brings into effect the Directive 2005/60/EU (the “third directive”). It introduces... Read more

Excluding a farmer from receiving a single area payment in a given year and reducing the payment he could claim within the following years, imposed as a penalties for the breach of the EU agricultural provisions, do not constitute criminal sanctions. They are specific administrative instruments applied against the farmer who had decided to participate in an agricultural aid scheme. In such a case, the ne bis in idem principle does not apply. Thus, exclusion and reduction of agricultural payments do not preclude sentencing the farmer in criminal proceeding for the same breach of the EU agricultural provisions. This conclusion... Read more

By law of 27 March 2003, the Central Office for Seizure and Confiscation (COSC) was created in Belgium. The new institution, established within the Office of Public Prosecutors, assists the judicial authorities in criminal matters in the areas of seizure of assets, the implementation of criminal procedure with a view to the confiscation of assets, and the enforcement of final and conclusive sentences and orders involving confiscation of assets.1 One of the forms of assistance consists of the management of all cash, seized in criminal matters all over the country. By law of 20 July 2005, a new provision was... Read more