2001# Procesa pret mantu uzsākšanas problemātika un tā nošķiršana no neizskaidrojamas bagātības konfiskācijas. The problematic nature of initiating proceedings against property and its distinction from the confiscation of unexplained wealth

This article examines the legal and practical problems related to the initiation of proceedings for the recognition and confiscation of criminally acquired property in Latvia (proceedings against property) and their distinction from the emerging model of confiscation of unexplained wealth under European Union law. Drawing on recent case law of the Constitutional Court of Latvia and the Court of Justice of the European Union, as well as statistical data on judicial practice, the authors identify a growing tendency for such proceedings to be terminated by courts, which indicates systemic shortcomings at the stage of their initiation and insufficient prosecutorial oversight. The article argues that Latvian regulation has effectively transformed confiscation without a prior conviction from an exceptional measure into a routine procedural instrument, thereby undermining the logic of EU confiscation directives and disproportionately restricting property rights and procedural guarantees. Particular attention is devoted to the inadmissibility of separating proceedings against property from so-called ‘stand-alone’ money-laundering cases where the predicate offence has not been established. The article concludes with proposals to strengthen initiation criteria, prosecutorial control and legal safeguards for bona fide owners.