Current challenges and case law experiences of asset recovery based on the research of the National Institute of Criminology

Abstract

Aim: The recovery of assets acquired through criminal means has, in contemporary criminal proceedings against profit-generating offences, become a principal objective – and thus a defining element of – criminal procedure. Asset recovery has evolved into an autonomous legal institution, supported by specialized organizational structures and professional expertise. Since 2017, the National Institute of Criminology has conducted several research projects on the subject at the initiative of the prosecutor’s office. The aim of our study is to present the development and current challenges of the Hungarian asset recovery framework through our research results.

Methodology: The examination of asset recovery, the constituent legal institutions thereof, and the supporting forensic tools was carried out through an analysis of legislative developments and the underlying theoretical objectives that informed such changes. In addition, the study was grounded in the review of criminal case files and the collection of empirical data via focus group discussions with practitioners.

Findings: According to the findings of the research, the Hungarian legal framework for asset recovery, as well as the procedures followed by the authorities, are in compliance with the requirements of European legal instruments and international cooperation. In terms of effectiveness, assessments of the FATF Global Network found that almost 80% of countries – more than 200 – are at low or moderate level of effectiveness on asset recovery. The development of (institutional) frameworks for asset recovery remains a constant subject of focus for all international organizations concerned with organised crime and financial investigations. Moreover, numerous studies worldwide examine the factors, instruments, and standards that may enhance effectiveness in this domain. Experience demonstrates that both further efforts and ongoing analyses are necessary.

Value: The research conducted at the National Institute of Criminology (OKRI) has, from the introduction of targeted regulation, continuously followed the evolution of this legal institution. Through these studies, the key milestones can be traced up to the present day, while they also highlight the current international challenges which may contribute to the effectiveness of asset recovery efforts in Hungary.