Economics of punishment: confiscation as an Expression of a New Criminal Paradigm

Abstract

This paper examines the profound social transformations that, in recent decades, have reshaped both the global economic structure and the forms of criminality associated with contemporary business. Within this context, criminal justice systems have increasingly prioritised preventive strategies centred on the deprivation of illicit gains, making confiscation and other asset-based measures key instruments of intervention. The paper critically analyses this trend, situating it within what some authors describe as the economics of punishment: a framework in which criminal justice responses are directed toward economic neutralisation. From this perspective, it explores the expansion of confiscation and its consolidation as a privileged mechanism for addressing economic and corporate crime. However, this evolution is not free of tensions. The strengthening of legal mechanisms that operate on assets raises challenges to the structural limits of criminal law. The paper illustrates how, in practice, the pursuit of efficiency can lead to clear violations of fundamental rights and procedural guarantees. Overall, the paper offers a critical reflection on the role of confiscation in contemporary corporate crime-control policies and discusses the need to rebalance effectiveness and safeguards within a rapidly changing social and economic environment.