Journal articles on the topic 'Seizure of assets'
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Fauzi, Fauzi, Subanrio Subanrio, and Akhmad Muslih. "JURIDICAL ANALYSIS ON THE LEGAL POWER OF COLLATERAL SEIZURE ON MATRIMONIAL JOINT ASSETS IN THE DECISION OF MANNA RELIGIOUS COURT NO. 54/PDT.G/2019/PA.MNA BASED ON ISLAMIC LAW." Bengkoelen Justice : Jurnal Ilmu Hukum 11, no. 1 (May 7, 2021): 26–34. http://dx.doi.org/10.33369/j_bengkoelenjust.v11i1.15786.
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The objectives of the study were to find out and analyze: (1) the reasons of collateral seizure on matrimonial joint assets where it can guarantee the Plaintiff's rights and (2) The views of Islamic law on the collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna. This study was normative legal research. The reasons for the seizure of the collateral filed by the Plaintiff in the lawsuit case No.54/Pdt.G/2019/PA.Mna were: a) the reasons for collateral seizure on matrimonial joint assets were due to the Plaintiff’s claim in the lawsuit concerning the assets under the Defendant's authority; b). Judge panel considered the rules based on Al-Qur'an surah An-Nisa verse 32, regulation in Marriage Law, and Compilation of Islamic Law that state the right of Matrimony Joint Assets belongs to both parties, and since the assets were under the Defendant's authority, a collateral seizure is considered necessary; c) the reasons of collateral seizure on matrimonial joint assets were also to provide legal certainty and equal rights to each party; d) to ensure the integrity of the assets, to get them to remain maintained and present; and e) the seizure was to avoid the right transfer of the asset to other parties and to prevent the assets from being misused or damaged. The legal power of collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna could give the Plaintiff's legal rights in writing, but when viewed from Islamic law it could not be able to achieve the objectives of Islamic law itself, namely the benefit and usefulness principles. This was due to the absence of sanctions and strong foundations for those who did not carry out the decision. The court only granted the seizure stamp and joint assets seizure but did not decide the execution over the joint assets, so the Plaintiff's rights could not be fully protected. Islamic law considered the collateral seizure on matrimonial joint assets in the decision of the Manna Religious Court No.54/Pdt.g/2019/PA.Mna as something that is not prohibited and mentioned in surah Al-Baqarah verse 188.
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Nola, Luthvi Febryka. "Kedudukan Sita Umum Terhadap Sita Lainnya Dalam Proses Kepailitan (The Position Of General Seizure Towards Others In The Process Of Bankrupcy)." Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan 9, no. 2 (January 2, 2019): 217–34. http://dx.doi.org/10.22212/jnh.v9i2.1047.
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Article 31 paragraph (1) and paragraph (2) of the Indonesian Bankruptcy Law stipulate that all seizures that have been determined on the debtor's assets are null and void since the bankruptcy verdict is pronounced and since then the only validity is general seizure. However, in its practice various seizures are still stipulated on bankrupt assets ranging from civil, criminal and tax seizures. This paper discusses the forms of seizure in the bankruptcy process, the position of general seizure of other seizures in bankruptcy and the impact of the position of general seizure on debt payments to creditors. The research method used is normative legal research using secondary data collected through library studies and document studies. The various data were then analyzed descriptively and qualitatively. This writing found that there are rules in other laws such as Article 39 paragraph (2) KUHAP and Article 6 paragraph (1) Law No. 19 of 2000 that have ruled out the position of general seizure. The experts in each field of science also have different views regarding the position of general seizure. This condition has resulted in the emergence of friction between law enforcement, inconsistency of judges’ decisions, length of bankruptcy proceedings, injustice, unclear data on bankruptcy assets and reduced bankruptcy assets. Therefore, the understanding of law enforcement regarding legal principles, especially the principle of lex specialis derogate legi generalis, needs to be improved. The use of prejudgment seizure in the bankruptcy process must be socialized to maximize control over bankrupt assets. To avoid prolonged process of bankruptcy, the bankruptcy law should limit the time period for the settlement of assets to the curator.AbstrakPasal 31 ayat (1) dan ayat (2) UU Kepailitan mengatur bahwa segala sita yang telah ditetapkan atas harta kekayaan debitor menjadi hapus semenjak putusan pailit diucapkan dan semenjak itu satu-satunya yang berlaku adalah sita umum. Akan tetapi pada praktiknya berbagai sita tetap ditetapkan atas harta pailit mulai dari sita perdata, pidana dan pajak. Tulisan ini membahas tentang bentuk-bentuk sita dalam proses kepailitan, kedudukan sita umum terhadap sita lainnya dalam kepailitan dan dampak dari kedudukan sita umum terhadap pembayaran utang kepada para kreditor. Adapun metode penelitian yang digunakan adalah penelitian hukum normatif dengan menggunakan data sekunder yang dikumpulkan melalui kegiatan studi perpustakaan maupun studi dokumen. Berbagai data tersebut kemudian dianalisis secara deskriptif-kualitatif. Penulisan ini menemukan bahwa adanya aturan dalam UU lain seperti Pasal 39 ayat (2) KUHAP dan Pasal 6 ayat (1) UU No. 19 Tahun 2000 telah mengesampingkan kedudukan sita umum. Ahli masing-masing bidang ilmu juga memiliki pandangan yang berbeda terkait kedudukan sita umum. Kondisi ini berdampak pada munculnya pergesekan antara penegak hukum, inkonsistensi putusan hakim, lamanya proses kepailitan, terjadi ketidakadilan, ketidakjelasan data harta pailit, berkurang bahkan hilangnya harta pailit. Oleh sebab itu, pemahaman penegak hukum tentang asas hukum terutama asas lex specialis derogate legi generalis perlu ditingkatkan. Penggunaan lembaga sita jaminan dalam proses kepailitan harus disosialisasikan untuk memaksimalkan penguasaan terhadap harta pailit. Supaya proses kepailitan tidak berlarut-larut, UU kepailitan harusnya membatasi jangka waktu penyelesaian aset kepada kurator.
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Pchelin, V. B., O. V. Pchelina, and E. M. Poltavskyi. "Tactics of seizing electronic assets obtained by criminal means in criminal proceedings." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 342–47. http://dx.doi.org/10.24144/2788-6018.2022.04.62.
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It has been established that the tactics of seizure of electronic assets obtained by criminal means in criminal proceedings is a set of scientific provisions and practical recommendations for organizing and planning activities to detect and seize electronic assets obtained by criminal means to ensure the effectiveness of criminal proceedings by determining the algorithm persons conducting pre-trial investigation. It has been found that the tactics of seizing electronic assets obtained by criminal means in criminal proceedings include recommendations for detecting electronic assets, establishing their connection with illegal activities in such a way as to obtain permission to seize them, and proving the facts relevant crimes. The structural elements of the tactics of seizing electronic assets obtained by criminal means in criminal proceedings have been highlighted. It has been emphasized that the tactical and organizational support for the seizure of electronic assets obtained by criminal means in criminal proceedings is the detailed planning of the investigation; careful preparation for individual events; establishing cooperation of pre-trial investigation bodies with state bodies, local self-government bodies, individuals and legal entities, international and intergovernmental organizations; use of information retrieval systems in the detection and tracing of assets. It has been emphasized that the effectiveness of seizure of electronic assets obtained by criminal means depends on the proper organization of criminal investigation from the earliest moment of its detection, careful planning and establishing constant and effective cooperation with other law enforcement agencies, regulatory and other bodies. The peculiarities of the interaction of pre-trial investigation bodies and prosecutor’s offices with the National Agency of Ukraine for Detection, Search and Management of Assets Obtained from Corruption and Other Crimes have been highlighted.
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Doan Thanh Hai, Doan Thanh Hai, Doan Thi Phuong Diep Doan Thi Phuong Diep, and Luu Minh Sang Luu Minh Sang. "Seizure and Obtaining Possession of Secured Assets in Vietnamese Law." National Taiwan University Law Review 17, no. 2 (December 2022): 219–58. http://dx.doi.org/10.53106/181263242022121702003.
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Núñez Lira, Luis Alberto, Yasmin Sara Castillo-Palomo, and Jesús Enrique Núñez Untiveros. "Lavado de activos y la incautación de bienes como medida cautelar." Vox Juris 38, no. 2 (April 30, 2020): 91–119. http://dx.doi.org/10.24265/voxjuris.2020.v38n2.06.
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Yatmoko, Tri. "Confiscation of Assets for the Crime Corruption Used as Guarantee Mortgage." Corruptio 3, no. 2 (October 25, 2022): 75–86. http://dx.doi.org/10.25041/corruptio.v3i2.2728.
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Asset confiscation is one of the government's efforts to compensate for the state losses. One of the institutions that are given the authority to carry out assets confiscation based on court decisions is the Prosecutor's Office. The fact is that in carrying out judicial decisions on corruption crimes, the Prosecutor's Office experiences various obstacles in practicing the value of justice, one of which is the seizure of assets attached to mortgages. The problem of this research is how is the practice of confiscation of assets resulting from corruption in recovering state finances and how is the mechanism for confiscation of assets resulting from corruption with mortgages attached?. The assessment of the confiscation of assets that are encumbered with mortgages uses empirical juridical methods, through library research, and field research. The results of the study show that in practice, the seizure of assets result from corrupt criminal acts takes a very long time, because the time required for a case to obtain a binding court decision can take months, maybe even years. next, the mechanism for confiscation of assets by prosecutors can confiscate assets result from corruption crimes that are pledged in the Bank with mortgage rights attached, as long as the court can prove that the assets are indeed the result of corruption crimes and have permanent legal force (inkracht), because the criminal law position (public) is higher than civil law (private)
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Ochnio, Ariadna Helena. "The Tangled Path From Identifying Financial Assets to Cross-Border Confiscation. Deficiencies in EU Asset Recovery Policy." European Journal of Crime, Criminal Law and Criminal Justice 29, no. 3-4 (December 22, 2021): 218–40. http://dx.doi.org/10.1163/15718174-bja10024.
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Abstract The article discusses the shortcomings of EU policy regarding cross-border asset recovery. The identified problem is a disjointed approach to the overlapping objectives of criminal proceedings: gathering evidence and securing assets for future confiscation. In the current EU legal framework, the process of recovery of assets, understood as a sequence of functionally related activities, lacks the continuity necessary to be effective. EU cross-border cooperation instruments in criminal matters do not meet the needs of this process, as they relate to separate investigative measures. Problems in this field have been indirectly reflected in the practice of Eurojust and the ejn. The article proposes a change in the perception of the initial phase of the asset recovery process, where the objectives of identifying and locating financial assets are combined with their provisional securing. This takes place under one mechanism of cross-border cooperation (an eio), prior to issuing a regular freeze or seizure order.
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Kordík, Marek, and František Vojtuš. "Methodology of Effective Seizure and the Confiscation of the Crime Assets." Bratislava Law Review 5, no. 2 (December 30, 2021): 9–22. http://dx.doi.org/10.46282/blr.2021.5.2.256.
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The paper deals with the methods of seizure of property in criminal proceedings and with the individual institutes that may be used for this purpose. This is a form of vademecum of the financial investigation, which is currently one of the priorities of criminal policy. The paper responds to the latest development of the decision-making activities of the courts and tries to point out to certain stereotypes that are already outworn by the decision-making activities in selected decisions.
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Abdullah, Fathin, Prof Triono Eddy, and Dr Marlina. "PERAMPASAN ASET HASIL TINDAK PIDANA KORUPSI TANPA PEMIDANAAN (NON-CONVICTION BASED ASSET FORFEITURE) BERDASARKAN HUKUM INDONESIA DAN UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC)." JURNAL ILMIAH ADVOKASI 9, no. 1 (March 10, 2021): 19–30. http://dx.doi.org/10.36987/jiad.v9i1.2060.
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Asset forfeiture is a solution to the problem asset forfeiture when a person cannot be criminally prosecuted on the grounds of death or cannot follow the criminal prosecution process as referred to in Article 77 and Article 83 of the Criminal Code of Indonesia. NCB Asset Forfeiture wants the seizure of assets resulting from corruption crimes without having to wait for a criminal verdict and is an alternative if a corruptor can’t criminally prosecuted. The regulation of asset seizure resulting from corruption by mechanism without criminalization in Indonesian law is stipulated in Article 32, Article 33, Article 34, and Article 38C of the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes while the arrangement of asset forfeiture resulting from corruption crimes by mechanism without criminalization to UNCAC is stipulated in Article 54 chapter (1) letter c UNCAC. The application of NCB Asset Forfeiture in Indonesia in addition to being implemented based on the Law on the Eradication of Corruption Crimes, the State Attorney must be able to prove there has been a real loss of state finances, financial losses of the country due to corruption crimes and there are guarantees from corruptors to facilitate the application of asset seizures resulting from corruption without criminalization. Keywords: Asset Forfeiture, Proceeds of Corruption, Without Criminalization, United Nations Convention Against Corruption.
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Abdullah, Fathin, Prof Triono Eddy, and Dr Marlina. "PERAMPASAN ASET HASIL TINDAK PIDANA KORUPSI TANPA PEMIDANAAN (NON-CONVICTION BASED ASSET FORFEITURE) BERDASARKAN HUKUM INDONESIA DAN UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) 2003." JURNAL ILMIAH ADVOKASI 9, no. 1 (August 15, 2021): 19–30. http://dx.doi.org/10.36987/jiad.v9i1.2011.
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Asset forfeiture is a solution to the problem asset forfeiture when a person cannot be criminally prosecuted on the grounds of death or cannot follow the criminal prosecution process as referred to in Article 77 and Article 83 of the Criminal Code of Indonesia. NCB Asset Forfeiture wants the seizure of assets resulting from corruption crimes without having to wait for a criminal verdict and is an alternative if a corruptor can’t criminally prosecuted. The regulation of asset seizure resulting from corruption by mechanism without criminalization in Indonesian law is stipulated in Article 32, Article 33, Article 34, and Article 38C of the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes while the arrangement of asset forfeiture resulting from corruption crimes by mechanism without criminalization to UNCAC is stipulated in Article 54 chapter (1) letter c UNCAC. The application of NCB Asset Forfeiture in Indonesia in addition to being implemented based on the Law on the Eradication of Corruption Crimes, the State Attorney must be able to prove there has been a real loss of state finances, financial losses of the country due to corruption crimes and there are guarantees from corruptors to facilitate the application of asset seizures resulting from corruption without criminalization.Keywords: Asset Forfeiture, Proceeds of Corruption, Without Criminalization, United Nations Convention Against Corruption.
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Kusnadi, Kusnadi. "Kebijakan Formulasi Ketentuan Pengembalian Aset Hasil Tindak Pidana Korupsi." Corruptio 1, no. 2 (November 10, 2020): 86. http://dx.doi.org/10.25041/corruptio.v1i2.2097.
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Law enforcement officials in settling cases of corruption do not only prioritize physical punishment, but also prioritize the recovery of state financial losses through the return of assets, therefore a system is needed that allows for the confiscation and seizure of assets resulting from corrupt acts effectively and efficiently. Policy on the Formulation of Provisions for Returning Assets resulting from Corruption in Indonesia is currently scattered in several laws including the Criminal Code, the Criminal Procedure Code, the Corruption Eradication Act (PTPK Law), the Law on Money Laundering (UU TPPU) and the United Nations Convention against Corruption UNCAC) 2003. Formulation of provisions for returning assets in the future can apply the concept of confiscation of assets resulting from corruption without criminal penalties in accordance with Article 54 paragraph (1) letter c of UNCAC 2003. The research approach uses a normative juridical approach and an empirical juridical approach. The speakers consisted of prosecutors in the Indonesian Attorney General's Office, as well as Lecturers in Criminal Law at the Faculty of Law, University Lampung. Data collection was carried out with literature and field studies. Data analysis was performed qualitatively and then conclusions were drawn. The results of the study show that the formulation of the provisions for returning assets as a result of corruption acts currently adheres to the concept of appropriation of assets through a court decision that has permanent legal force while the formulation of the provisions for returning assets as a result of corruption in the future is realized taking into account the interests of the State or the community as victims from criminal acts of corruption by applying the Dutch concept of recovery of assets after a court decision, based on the concept of appropriation of assets against profits derived from the results of criminal acts, as well as applying the concept of appropriation of assets in a civil manner without being preceded by criminal sanctions as formulated in Article 1 paragraph (3) of the Draft Bill Confiscation of Criminal Asset. Suggestions in this study should be the Government and the Parliament to harmonize the provisions of asset recovery contained in the PTPK Law and the TPPU Law to be in line with the concept of asset recovery (Asset Recovery) regulated in UNCAC 2003, to apply the concept of asset return after a court decision and the concept of appropriation of assets against profits. Obtained from the results of a criminal offense against amendments to the PTPK Law, and immediately ratified the Criminal Asset Seizure Draft Bill into Laws for effective return of assets resulting from a criminal act of corruption.
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Bonok, Risdianti. "Sita Marital Harta Bersama Dalam Perkara Perceraian di Pengadilan Agama." Al-Daulah: Jurnal Hukum dan Perundangan Islam 8, no. 2 (October 12, 2018): 454–85. http://dx.doi.org/10.15642/ad.2018.8.2.454-485.
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The process of resolving marital seizure applications on joint assets in a divorce case at the Religious Court is carried out with stages starting from the application of the marital seizure to objects, both movable and immovable goods. It is highly dependent on concrete and demonstrable reasons regarding seizure placement in trial face. If the seizure request can be granted by the panel of judges according to strong evidence and proven in the trial, the panel of judges can conduct marital seizure by ordering the registrar to be assisted by the bailiff to confiscate movable or immovable items to be recorded. Marital seizure contained in the object of the dispute in the contents of the claim with the local government present. Whereas judicial legal considerations regarding marital seizure applications, the panel of judges, firstly looks at the facts from the trial. If the seizure is granted then enough reason for seizure applicants to be placed marital seizure. And if the seizure application is rejected and there is no enough reason to place the marital seizure by the panel of judges because there was no concern, the defendant will move or transfer the object of the dispute to another person who was carried out through a hearing outside the Religious Court which is also called the local hearing
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Supardi, Supardi. "THIRD PARTY’S ASSET CONFISCATION IN CORRUPTION CRIME." Yuridika 33, no. 3 (October 1, 2018): 468. http://dx.doi.org/10.20473/ydk.v33i3.8427.
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The article is intended to analyze and find the idea of legal philosophy foundation and develop the concept of proceeds confiscation of corruption crime are enjoyed by a third party, and find the ratio decidendi some of the verdicts related to asset confiscation to a third party without prior seizure, compared with asset confiscation that preceded seizure at the level of investigation.The article found three findings. First, the philosophy foundation of asset confiscation against third parties is in order to maximize the return of state losses due to corruption. Second, the ratio decidendi verdicts related to assets confiscation to a third party without prior seizure, such that verdicts were not contrary to th laws, human rights and justice. The interpretation of the provisions of Article 19 in conjunction with Article 18 of Law Number 31 Year 1999 on the Eradication of Corruption Criminal as amended by Law Number 20 Year 2001 provides an opportunity asset confiscation to a third party as long as the third party is not good manner. Third, to find advice for legal reform of the provisions regarding on confiscation to third party in corruption crime in order that is not touch with the third party’s rights as a subjek of asset confiscation.
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Ribbelink, Olivier M. "The Protocol on Matters Specific to Space Assets." European Review of Private Law 12, Issue 1 (February 1, 2004): 37–45. http://dx.doi.org/10.54648/erpl2004005.
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Abstract: The Protocol on Matters Specific to Space Assets differs in several aspects from the other Protocols. It deals to a large extent with ‘assets’ that are permanently out of reach, and therefore includes elaborated ‘associated rights’ (inter alia permits, licences, and authorizations issued by states or international organizations). Seizure of rights and/or control by a creditor could cause friction with respect to state sovereignty. Furthermore, although thus far no conflict with existing international space law has been identified, the application of the Protocol could have consequences for the obligation of the launching state to retain jurisdiction and control, as well as for the international liability of the launching state. It is suggested that both matters can and should be resolved through national space legislation. Finally, the proposed Supervisory Authority is not an intergovernmental organization, but a subsidiary organ of the General Assembly of the United Nations.
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Gallant, M. Michelle, and Colin King. "The Seizure of Illicit Assets: Patterns of Civil Forfeiture in Canada and Ireland." Common Law World Review 42, no. 1 (March 2013): 91–109. http://dx.doi.org/10.1350/clwr.2013.42.1.0248.
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Scorpan, Alesea. "Developing instruments for the recovery of criminal assets." Administrarea Publica, no. 1(113) (March 2022): 150–55. http://dx.doi.org/10.52327/1813-8489.2022.1(113).14.
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There is a global trend towards the widespread application of confiscation of criminal assets, especially those obtained as a result of corruption offenses. Given that criminals are becoming increasingly intelligent and already know the tools used by law enforcement agencies, it is becoming increasingly difficult to fight crime. Through this article we set out to research new methods used by other states or proposed by some authors in the field of recovery of criminal assets. We all know the tools such as confiscation, requests for international legal assistance, seizure, but these are the tools that float above the water, long visible and known not only by law enforcement agencies but also by criminals. What is of real interest are the instruments that are at the ,,bottom of the sea” where not every state had the courage to sink, but they found a real treasure, materialized in recovered criminal property. Some tools are taken from the practice of British law, others are just ideas from practitioners who have worked in the field of criminal property recovery. Confiscation of property is an important tool in the fight against crime, we do not deny the importance of official instruments, but we consider it appropriate to widen the limits imposed by national legislation in this field.
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Yaroshenko, M., and E. Bondarenko. "Constancy of the property rights and the seizure of assets and corporate rights of russian companies: legal regulation in Ukraine and the experience of EU countries." Uzhhorod National University Herald. Series: Law 1, no. 74 (January 31, 2023): 158–65. http://dx.doi.org/10.24144/2307-3322.2022.74.27.
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In the process of modern state-building processes, the European integration of Ukraine, as well as negative phenomena unfolding as a result of Russia’s armed aggression, the right to property, as one of the fundamental constitutional rights, is subject to restrictions and transformation. Constitutional scholars agree on the priority of improving the system of guaranteeing the inviolability of property rights, taking into account the balance of national interests. The article analyses the legal novelty of the seizure of assets and corporate rights of Russian companies and natural persons in Ukraine through the prism of the institute of the property rights in national law and the system of international human rights law. The general shortcomings of the existing legal construction are examined, as well as the existing practice of its application as a practical measure.
The purpose of the research is to clarify the content of the guarantee (principle) of the inviolability of property rights, as they are enshrined in the Basic Laws of Ukraine, Poland and Germany. The methodological basis of the research consists of general and special legal methods of scientific knowledge, namely: system-structural method, comparison method and logical-legal method. The results. The article analyzes the constitutional guarantees of the inviolability of property rights on the example of Ukraine and EU countries. It was established that the provisions of the Basic Laws, which establish standards in the field of property rights, have a heterogeneous and unsystematized presentation. The structure of “seizure” of corporate rights is compared with the criminal seizure of property and the civil construction of alienation of property rights. Based on the practice of the European countries and USA in the potential seizure of assets of Russian oligarchs, it is proposed to replace the existing mechanism, with the criminalization of the violation of the sanction regime imposed on Russian assets within Ukraine, with simultaneous introduction of the institution of urgent use of property for socially significant purposes, which will allow it to be used today, in order to ensure the use of the property for public purposes, and will confirm the determination of the Ukrainian people in the course of building a European, legal state, which comply with fundamental human rights, is determined to the principle of rule of law, legality, and will ensure its contribution in increasing the country’s image and investment attractiveness.
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Sorokina, N., and Koichukulova. "Importance of Application of the Mechanism of Freezing (Blocking) of Assets of Persons Involved in Terrorist and Extremist Activities." Bulletin of Science and Practice 7, no. 3 (February 15, 2021): 262–65. http://dx.doi.org/10.33619/2414-2948/64/29.
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This article discusses the importance and effectiveness of the use of targeted financial sanctions in the form of freezing, blocking criminal funds of persons involved in terrorist and extremism activity, organization of control in financial institutions in order to implement a system of counter actions of money laundering. As well as the problems of legislation in terms of compliance with the required and to ensure the procedures for freezing (blocking), seizure of assets obtained by criminal means.
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Bulatov, B. B., and A. S. Dezhnev. "N IMPROVING THE LEGAL REGULATION OF THE PROCEDURE FOR SEIZURE OF ASSETS IN CRIMINAL PROCEEDINGS." Вестник Сибирского юридического института МВД России, no. 2 (2020): 9–14. http://dx.doi.org/10.51980/2542-1735_2020_2_9.
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Miśtal, Kamil. "ZBIEG EGZEKUCJI SĄDOWEJ I ADMINISTRACYJNEJ." Zeszyty Prawnicze 13, no. 2 (December 13, 2016): 175. http://dx.doi.org/10.21697/zp.2013.13.2.09.
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THE CONCURRENCE OF THE EXECUTION OF COURT ORDERS FOR THE SEIZURE OF PROPERTY ISSUED BY THE POLISH CIVIL AND ADMINISTRATIVE COURTSSummaryThis study begins with a discussion of the concept of the execution of Polish civil court orders for the seizure of property with an indication of the relevant provisions. A description is given of the assets subject to seizure. The analogous administrative proceedings are presented in a similar way. The author goes on to analyse the provisions in the event of a concurrence of a civil court order with an administrative court order. He considers the implementation of the two orders by a single authority, and discusses the procedural law applicable in the event of concurrence. He continues with a description of the further procedure once the implementing authority has been designated. He also observes that executive proceedings generally take too long. The author uses empirical data from court cases to illustrate his points.
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MENEZES, ADRIANO CAMPOS, and JAIME ORRILLO. "CONCERNING THE SEIZURE OF COLLATERAL IN COLLATERALIZED LOAN MARKETS." Annals of Financial Economics 13, no. 03 (September 2018): 1850013. http://dx.doi.org/10.1142/s2010495218500136.
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This paper deals with the frictions which arise in the transfer of collateral from borrowers to lenders in case of default in collateralized loans. We propose a simple model of collateralized loans in which the sale of assets (borrowing) is tied to the purchase of a put option written on the collateral whose exercise price is the value of debt made by the borrower who is the holder of the put. Thus, lenders protect themselves against the possibility of not being able to seize the collateral in case of default. We show that this new financial mechanism does not destroy the orderly function of markets. Lastly, a remark on efficiency will be offered.
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Rumahorbo, Midian Hosiholan, Risa Mahdewi, and Desia Rakhma Banjarani. "The Role Of The Prosecutors In The Effort Of Assets Recovery From Corruption Crimes." Ius Poenale 3, no. 2 (October 10, 2022): 81–92. http://dx.doi.org/10.25041/ip.v3i2.2752.
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Practically, corruption is an extraordinary crime, because the impact of corruption harmed the financial condition of a country, corruption are also alleged violated the social and economic rights of the community or citizens in the country. As a criminal act which included as an extraordinary crime, so an extraordinary method also needs to be applied in eradicating corruption. For this reason, an huge steps are needed to provide a deterrent effect to perpetrators of corruption. Punishment to corruption perpetrators is expected to provide a deterrent effect. One of that steps is to return the state losses which caused by corruption perpetrators, as well as being one of the anticipatory steps so that later people will not dare to commit corruption. This research was made with the aim to answer how to recover assets from corruption and to find out how the role of the prosecutor's office in efforts to recover assets from corruption crimes. In this research, the author uses normative legal research method, namely research that conducts an inventory of the applicable laws and regulations. The results of research regarding efforts to recover assets can be carried out through criminal and civil legal remedies. Furthermore, the role of the Prosecutor's Office as a law enforcement officer in charge of law enforcement regarding the assets recovery through criminal acts recognizes two mechanisms or procedures for recovery assets, the first mechanism or procedure is the seizure of assets without punishment, and the second is the mechanism or procedure for voluntary asset return. The steps that can be carried out in assets recovery are divided into several steps including the asset tracking steps, blocking or freezing steps, foreclosure, confiscation and return.
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Quigley, Fran. "Tell Me How It Ends: The Path to Nationalizing the U.S. Pharmaceutical Industry." University of Michigan Journal of Law Reform, no. 53.4 (2020): 755. http://dx.doi.org/10.36646/mjlr.53.4.tell.
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The U.S. medicines system is broken. Millions of Americans suffer and some even die because they cannot afford medicines discovered by government-funded research. At the same time, corporations holding monopoly patent rights to those medicines collect some of the largest profits in modern capitalist history. It does not have to be this way. The global legacy of treating essential medicines as a public good and the robust U.S. history of government seizure of private property for the public interest reveals a better path: the United States should nationalize its pharmaceutical industry. U.S. statutory law already provides broad powers for the executive branch to immediately order the substantial manufacturing and distribution of patent-free medicines. That statutory authority should be immediately implemented and further expanded. In addition, U.S. constitutional law justifies a full seizure of all industry assets. Given the pharmaceutical industry’s substantial reliance on government funding and licensing, along with the industry’s widespread malfeasance that harms the public welfare, the amount of compensation for this seizure will be limited. That seizure and compensation will finally conclude the tragic era of medicines profiteering and launch a new system that restores life-saving medications to their rightful role as affordable, accessible public goods.
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Apsitis, A., and J. Joksts. "State officials and illicit asset-grabbing: The Roman approach." SHS Web of Conferences 40 (2018): 01012. http://dx.doi.org/10.1051/shsconf/20184001012.
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The article reflects author’s findings regarding the regulation found in Roman legal sources, which is directed against corruptive activities of persons in public state positions, in particular in relation to unlawful seizure of assets belonging to citizens. Legal mechanisms are examined in relation to cases of force (vis-Latin) and fear (metus-Latin) application. The Code of Justinian (Codex Iustinianus) and The Digest (Digesta) contained regulation in relation to interpretation and application of The Julian Law on Extortion (Lex Iulia repetundarum, 59 B.C.) in cases of all types of extortion and bribery with the involvement of public office administering persons, including judges and arbitrators, are examined.
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Voskobitova, Lydiya, Tatyana Vilkova, Sergey Nasonov, Maxim Khokhryakov, and Yuri Reshetnikov. "Illegal circulation of digital currencies: features of criminal investigation." Revista Amazonia Investiga 10, no. 45 (October 29, 2021): 252–64. http://dx.doi.org/10.34069/ai/2021.45.09.25.
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The purpose of the study is to analyze the international and national legal regulation of the digital currencies circulation at the present stage, to assess the state of crime with the illegal use of these assets, to identify the features of the investigating such crimes and to substantiate proposals aimed at improving legislation and law enforcement practice. The following methods were used in the research: normative and comparative legal – in the analysis of legislation and practice of seizure and confiscation of digital currencies in different states, to identify the strengths and weaknesses of national approaches, to assess the possibility of their unification and harmonization; phenomenological – in considering the criminal trafficking in digital currency as a phenomenon that requires special methods of detection and investigation; general logical methods of analysis and synthesis, induction and deduction, methods of empirical research and analysis. It was shown that with the rapid growth of crime involving cryptocurrencies, the legislation of various states is at the stage of formation of legal regulation of the fight against its illicit trafficking: only some countries have established the status of digital currency as property, provided for the specifics of seizure, storage and sale of digital currency in criminal cases. The need to recognize digital currencies as property has been substantiated. It is shown that the seizure and confiscation of cryptocurrencies should be carried out only by court decision. The lack of special knowledge in the field of digital technology among the investigator, prosecutor and the court requires the mandatory involvement of a specialist in the proceedings on cases of crimes committed with the use of digital currency.
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Poelmann, E. "ECHR Melo Tadeu: A Tax Case Which Should Bring on More Carefully Selected Criminal Procedures." Intertax 44, Issue 5 (May 1, 2016): 434–37. http://dx.doi.org/10.54648/taxi2016035.
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The European Court of Human Rights (ECHR) judged in the Melo Tadeu case that the refusal of the authorities to undo the seizure of assets after a criminal acquittal, is disproportional, regardless whether the appeal was too late. The Melo Tadeu judgment implies mainly that the presumption of innocence remains in full force after a criminal acquittal. In this article the author discusses the Melo Tadeu judgment of the ECHR.
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Barklem, Courtenay, and Enrique Alberto Prieto Ríos. "The Concept of “Indirect Expropriation”, its appearance in the international system and its effects in the regulatory activity of governments." Civilizar 11, no. 21 (July 1, 2011): 77. http://dx.doi.org/10.22518/16578953.39.
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The protection of an alien’s property in a host country against direct expropriation has long existed in the international arena. Examples of direct expropriation include nationalization, physical seizure of assets or legislated transfer of assets to the state. However such physical takings are no longer common practice. Nowadays, expropriation comes mainly in the form of “indirect expropriation”: acts and steps taken by governments which interfere with the right to the property or diminish the value of the property.This paper explores the most relevant antecedents of the concept of indirect expropriation, its appearance in the international system, the inclusion in BITs and Investment Chapters of FTAs, and the effect that the concept is having on the regulatory activity of governments
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Pchelina, O. "On the question of criminal procedural regulation of the term “electronic assets obtained by criminal route”." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 327–32. http://dx.doi.org/10.24144/2307-3322.2022.71.55.
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In the article it has been emphasized that the effectiveness of criminal proceedings in general and the seizure of such property as electronic assets obtained by criminal means, in particular, depends on understanding the nature of this type of asset and the state of its criminal procedure. It has been emphasized that the researched question acquires special value in the conditions of constant information-technological development and its introduction in all spheres of public life. It has been analyzed the provisions of regulations in which the legislator uses the term “asset”. It has been found that the category “asset” is used in accounting and financial reporting. It has been established that in the tax legislation there is a phrase “assets of an individual”. It has been noted that the legislative interpretation of the term “assets” is given in the Criminal Code of Ukraine, the laws of Ukraine “On the National Agency of Ukraine for Detection, Investigation and Management of Assets Obtained from Corruption and Other Crimes” and “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction”. It has been stated that at the legislative level the term “electronic assets” has not found its consolidation and settlement. It has been noted that electronic assets are, in fact, financial assets in electronic form. It has been found that the term “obtained by criminal means” is understood. It has been proposed to carry out criminal procedural regulation of the term “electronic assets obtained by criminal means” by supplementing Part 1 of Art. 1 of the Law of Ukraine “On the National Agency of Ukraine for Detection, Investigation and Management of Assets Obtained from Corruption and Other Crimes” by paragraph 11 of the following content: “1-1) electronic assets obtained by criminal means - cash in the form of entries in accounts non-cash form) and virtual assets that are directly or indirectly obtained as a result of a criminal offense and / or are income from such property; intended (used) to persuade a person to commit a criminal offense, financing and / or material support of a criminal offense or reward for its commission; is the subject of a criminal offense; found, manufactured, adapted or used as a means or instrument of committing a criminal offense”.
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Borteichuk, A., and V. Borteichuk. "Seizure of funds: grounds and order of imposition." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 288–92. http://dx.doi.org/10.24144/2307-3322.2022.70.44.
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Human life is closely connected to money circulation. Constantly, there is a need to open bank accounts and dispose of monetary resources there. Seizure of funds is one of the most effective stages of influence, that allows providing implementation of a court decision and the return of debts after executive productions. Seizure of funds as an operation is intended to limit the rights of the owner to use the funds in his bank accounts, so it is a painful measure for the debtor and, of course, requires more detailed study. The article is devoted to the complex study of grounds and orders of imposing seizure of funds. The authors presented the concept of seizure of funds and normative acts which regulates this operation. Authors also investigated several platforms where it is possible to check whether the person has debts and draw the conclusion about the convenience and expedience of their application. The next step was to research arrest imposition grounds and the algorithm of bank actions. The authors analyze in more detail the legal adjusting of the Automated system of enforcement proceedings functioning, especially: reasons for its implementation, normative adjusting, subjects of informative cooperation following Order of the automated arrest of debtors’ money on bank accounts, system work algorithm, international experience of the alike systems functioning in different countries (in particular, in Lithuania and Belarus). It was noted the number of banks that are already connected to the Automated system of enforcement proceedings, and also concluded the absence of the half of the top 10 Ukrainian banks with the largest assets among them. The authors emphasized cases when bank account money cannot be arrested. It investigated the practicing lawyers’ advice about the algorithm of actions at seizure of funds imposition, which will help ordinary citizens in the event of such a situation.
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Alam, Syariful, Yaris Adhial Fajrin, Sholahuddin Al-Fatih, and Merve Ozkan Borsa. "Islamic Criminal Law Study on The Seizure of Corruptor Assets as an Indonesian's Criminal Sanction in The Future." JURIS (Jurnal Ilmiah Syariah) 21, no. 2 (December 30, 2022): 143. http://dx.doi.org/10.31958/juris.v21i2.6722.
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The current job transformation is one of the challenges for the state of Indonesia. Crimes over time have been carried out systematically, including corruption. The interesting thing about the development of efforts to combat corruption is the development of the concept of returning state finances. Legal entities in Indonesia have long experienced legal pluralism, as can be seen from the configuration of the community that carries out Islamic criminal law and customary law as local wisdom. This study uses a normative approach with secondary data support with the specification that the confiscation of corruptor's property in Islamic criminal law is divided into: Reproaches and reprimands/warnings, dismissing from his position (al-azl min al-wadzifah), by beating (whipping), punishment in the form of property (fines) and physical punishment, exile, crucifixion, death penalty. The relevance between these concepts is a form of legitimacy for the legal significance that comes from the beliefs and needs of the community. This article raises the concept of positive law with concepts in Islamic criminal law to find the relevance of the two which will later become part of the effort to function Islamic criminal law into Indonesian positive law in order to achieve the goal of a fair law and reduce corruption.
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Jayachandran, Seema, and Michael Kremer. "Odious Debt." American Economic Review 96, no. 1 (February 1, 2006): 82–92. http://dx.doi.org/10.1257/000282806776157696.
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Trade sanctions are often criticized as ineffective because they create incentives for evasion or as harmful to the target country's population. Loan sanctions, in contrast, could be self-enforcing and could protect the population from being saddled with “odious debt” run up by looting or repressive dictators. Governments could impose loan sanctions by instituting legal changes that prevent seizure of countries' assets for nonrepayment of debt incurred after sanctions were imposed. This would reduce creditors' incentives to lend to sanctioned regimes. Restricting sanctions to cover only loans made after the sanction was imposed would help avoid time-consistency problems.
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Nowosad, Przemysław. "TRANSFER TO THE STATE TREASURY OF THE PROPERTY OF WAR SUPPORTERS IN THE LIGHT OF THE CONSTITUTION OF THE REPUBLIC OF POLAND. LEGAL ASPECTS IN THE CONTEXT OF THE PARLIAMENTARY BILL ON THE AMENDMENT OF THE CONSTITUTION OF THE REPUBLIC OF POLAND." Expert Paradigm of Law and Public Administration, no. 5(23) (March 2, 2023): 79–89. http://dx.doi.org/10.32689/2617-9660-2022-5(23)-79-89.
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Abstract. This paper contains an analysis of the issue of the scope and manner of restriction of the right to property on the grounds of the provisions of the Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws of 1997, No. 78, item 483, as amended), hereinafter referred to as the Constitution, in the context of the Parliamentary bill on the amendment of the Constitution of the Republic of Poland of 7 April 2022 (print no. 2263). This draft postulates the introduction of Chapter XIa, entitled Threat to State Security, into the Constitution and containing a single provision, Article 234a, stipulating the premises for the State Treasury’s seizure of the assets of entities supporting armed aggression located on the territory of Poland. The rationale for the need to introduce the described editorial unit into the Basic Law is, in the opinion of the drafters, the need for the Polish state to respond to the aggression of the Russian Federation against Ukraine that began on 24 February 2022. At the same time, it should be emphasized, that the assets seized in the above-described manner would be used in full to support the victims of Russian aggression. This amendment, which is indispensable in the opinion of the drafters – in the face of Russian aggression against Ukraine – will be assessed by the author of the study in the light of the provisions of the Constitution regulating the general prerequisites of property restriction (preservation of the statutory basis, noninfringement of the essence of the right to property, justification of the restriction by one of the values..indicated in Article 31(3) Constitution and preservation of the principle of proportionality), the prerequisites of expropriation and forfeiture. At the same time, in this summary, the author would like to point out that entities financially supporting the actions of the Russian Federation vis-à-vis Ukraine can and should be subject to sanctions in the form of seizure of their assets located on the territory of Poland, because Russian aggression war is a manifestation of an action that finds no justification.
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Karini, Eti. "KEDUDUKAN GRONDKAART SEBAGAI BUKTI PENGUASAAN TANAH (Studi di PT. Kereta Api Indonesia (Persero) Kantor Devisi Regional IV Tanjung Karang)." Jurnal Kepastian Hukum dan Keadilan 2, no. 2 (June 13, 2021): 11. http://dx.doi.org/10.32502/khdk.v2i2.3456.
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Grondkaart or block maps are documents of evidence of ownership of assets which are assets for an institution or company that must be protected. There are several things that are still debatable regarding the position or legality of Grondkaart itself. One of the state companies that still uses Grondkaart as proof of ownership of its land assets is PT. Kereta Api Indonesia (Persero) or PT. KAI. Land assets of PT. KAI is the legacy of the Dutch railway company which was affected by nationalization, the land often causes disputes due to evidence of land ownership in the form of Grondkaart which is not regulated in Law Number 5 of 1960 and Government Regulation Number 24 of 1997. The rapid development of the current railway must be supported. with the security and management of assets as one of the main capital so that the seizure and control of assets of PT. KAI by unauthorized parties and illegally will not happen again. The problem of this research is how is the position of Grondkaart as proof of land tenure by PT. Kereta Api Indonesia (Persero) Tanjung Karang Regional Division IV Office according to Land Law in Indonesia, and What are the legal consequences of using Grondkaart as proof of land tenure by PT. Kereta Api Indonesia (Persero) Regional Division IV Tanjung Karang Office. This type of research is field research (Field Research) and is carried out descriptively, the problem approach is carried out by empirical juridical, the data used are primary and secondary data, data collection techniques are interviews, observation and documentation, data processing is done by editing, coding , Reconstructing, and Systematizing, then the data were analyzed qualitatively.Keyword:: Grondkaart, Railway, Land Law, Dispute
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Tzenios, Nikolaos. "Proposal for policy change in the procedure of civil asset forfeiture." Routledge Open Research 2 (January 10, 2023): 1. http://dx.doi.org/10.12688/routledgeopenres.17693.1.
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Without the proper due process, the civil asset forfeiture procedure violates the constitutional rights of citizens. The proposal aims to address the current right granted to the police to seize the property of civilians. The authorizing laws established by the Assets Forfeiture Fund and the Equitable Sharing Program are problematic in offering a loophole for the abuse of the property rights of American citizens. While some states have abolished the practice, federal laws still support their enforcement. The deficiencies in the policies raise discussion of the issue of policies for profit as a major aspect of civil asset forfeiture. This proposal is to outlaw instances of civil asset forfeiture without due process on the federal level. On the state level, the preferred outcome would also include reform by repealing the laws allowing property seizure. The resistance to change in the legislature should be addressed by securing the success of the policy, taking advantage of the current unpopularity of unregulated asset forfeiture, and creating the base for integration of the process on the federal level. The proposal calls for identifying stakeholders, analyzing their views, and strengthening their support. The social and political opposition should be addressed by putting emphasis on fundamental American values. The action plan and implementation process are built upon efficient communication by the policy committee to engage stakeholders and the wider public in the process. With clearly defined priorities and budget allocation, the policy will ultimately evolve into a legislative and organizational tool. Using the strategies of ascertainment of stakeholders and reframing issues to ensure appeal to American values, the change at federal and state levels will be achievable. While the change will lead to debate, significant improvement and the protection of rights is attainable in due process.
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SIRIWAT, PENTHAI, and VINCENT NIJMAN. "Using online media-sourced seizure data to assess the illegal wildlife trade in Siamese rosewood." Environmental Conservation 45, no. 4 (March 15, 2018): 352–60. http://dx.doi.org/10.1017/s037689291800005x.
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SUMMARYThe illegal wildlife trade is covert by nature, and thus is often challenging to study. Seizure data is traditionally the most common means to gain insight into the trade for many species. Online media-sourced seizure records were applied to study the illegal trade of Siamese rosewood (Dalbergia cochinchinensis), one of 33 timber species of hongmu (rosewood), which is logged to produce luxury products predominantly for Chinese markets. Despite recent international pressure to strengthen the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regulations, illegal trade of Siamese rosewood is prevalent in its range states. This paper will explore seizure reports in Thai online media and analyse spatial, temporal and other factors that potentially explain the trade. Between January 2014 and April 2016, 835 independent seizures were reported in 37 of 76 provinces in Thailand. Seizures occurred mostly in the north-eastern and eastern provinces with higher numbers of seizures closer to the border. The number of seizure reports decreased over time, and the average number of logs seized per seizure was consistent over the 28-month study period. Inadequate domestic legislation is a key factor facilitating the trade. Improvements are needed to the legislation and enforcement ahead of implementing other regional timber-specific initiatives and regulations. In this specific context, CITES also appears to be unacknowledged and ineffective in hampering the Siamese rosewood trade. Importantly, we find that using media-sourced seizure data is highly apt in Thailand's context, considering Thailand's sensitive political state and the prevalence of trade in other non CITES-listed rosewood species. The approach demonstrated here is applicable to many other wildlife species.
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Kennett, Wendy, Bert van Schaick, Maria José Capelo, Andreas Konecny, Claudia Soher, Isabel Albrecht, Karen Broeckx, Elina Moustaira, and Jean-Claude Wiwinius. "Enforcement of judgments." European Review of Private Law 5, Issue 3 (September 1, 1997): 321–428. http://dx.doi.org/10.54648/167334.
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The present Chronique examines the law on enforcement of judgments in ten European jurisdictions. (The term 'enforcement' rather than 'execution' is used because of the relatively narrow meaning of execution of a judgment within English law.) In the last seven years a number of the jurisdictions under consideration have made more or less extensive revisions of their laws on enforcement of judgments. Most notable is the complete overhaul of the law in France contained in L. 91-650 and D. 92-755. Less complete, but still substantial, revisions have been made in Portugal (Decree law 329-A/95 of 12 December 1995 as modified by Decree law 180/96 of 25 December 1996) and Austria (Exekutionsordnungs Novellen 1991 and 1995). Changes have also been introduced in all of the other laws under consideration. Areas which have attracted reform in several jurisdictions include in particular the specification of the property of the debtor which remains immune from execution, and the obtaining of information from the debtor as to his assets. Clearly the Chronique cannot hope to provide an exhaustive comparison, but it attempts to highlight key similarities and differences in approach that are adopted within Europe. Before looking at the methods of execution themselves, the Chronique deals with a number of preliminary issues. An introductory section sets out the various kinds of obligation that may be recognised in a judgment and provides a brief overview of the different methods of execution that may be employed for each type of obligation. The Chronique then goes on to consider the formal requirements that may need to be satisfied before enforcement of a judgment can take place. It is noted at this point that a judgment is just one form of enforceable title. Other titles are also enforceable under the laws of all states considered, although considerable variations exist as to the types of title that are recognised. The varying approaches of the legal systems under consideration as to provisional enforcement are also considered in this section. If an enforceable title exists, further formal requirements that may have to be satisfied before execution of the judgment can take place include proof of enforceability and service of the judgment. A further preliminary issue is the variety of personnel that may be involved in the enforcement process. Considerable differences between systems exist both as to the allocation of tasks between courts, lawyers and bailiffs, and as to the regulation and training of bailiffs. An important section is devoted to the question of effectiveness of the creditor's title. This involves consideration of the mechanisms available to assist the creditor to find out information about the debtor's assets; the extent to which evasive action on the part of the debtor, by effecting dispositions of property, may be counteracted; the immunities and exemptions recognised by the law of each jurisdiction; and the extent to which measures exist to deal with debtors who have acquired an unmanageable burden of debt. On each issue considerable diversity of approach can be identified, although in relation to assets immune from seizure there is a strong core of shared values. The Chronique then moves on to look at the methods of execution themselves. This part of the Chronique is divided into three sections. It looks first at enforcement of money obligations, through the seizure of movable property, garnishment and seizure of immovable property. It then deals with obligations to perform a certain act or abstain from certain conduct, which are dealt with by mechanisms such as substitute performance, fines, sequestration and imprisonment. The final section concerns obligations to deliver property, which are mainly enforced via seizure of the property and fines. Particular attention is drawn to the differences between legal systems as to the circumstances under which enforcement agents may gain access to the premises of the debtor, the degree of intrusion that may be imposed on third parties, the legal effects of
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Chen, Ching-Jen, Srinivas Chivukula, Dale Ding, Robert M. Starke, Cheng-Chia Lee, Chun-Po Yen, Zhiyuan Xu, and Jason P. Sheehan. "Seizure outcomes following radiosurgery for cerebral arteriovenous malformations." Neurosurgical Focus 37, no. 3 (September 2014): E17. http://dx.doi.org/10.3171/2014.6.focus1454.
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Object Seizures are a common presentation of cerebral arteriovenous malformations (AVMs). The authors evaluated the efficacy of stereotactic radiosurgery (SRS) for the management of seizures associated with AVMs and identified factors influencing seizure outcomes following SRS for AVMs. Methods A systematic literature review was performed using PubMed. Studies selected for review were published in English, included at least 5 patients with both cerebral AVMs and presenting seizures treated with SRS, and provided post-SRS outcome data regarding obliteration of AVMs and/or seizures. Demographic, radiosurgical, radiological, and seizure outcome data were extracted and analyzed. All seizure outcomes were categorized as follows: 1) seizure free, 2) seizure improvement, 3) seizure unchanged, and 4) seizure worsened. Systematic statistical analysis was conducted to assess the effect of post-SRS AVM obliteration on seizure outcome. Results Nineteen case series with a total of 3971 AVM patients were included for analysis. Of these, 28% of patients presented with seizures, and data for 997 patients with available seizure outcome data who met the inclusion criteria were evaluated. Of these, 437 (43.8%) patients achieved seizure-free status after SRS, and 530 (68.7%) of 771 patients with available data achieved seizure control (seizure freedom or seizure improvement) following SRS. Factors associated with improved seizure outcomes following SRS for AVMs were analyzed in 9 studies. Seizure-free status was achieved in 82% and 41.0% of patients with complete and incomplete AVM obliteration, respectively. Complete AVM obliteration offered superior seizure-free rates compared with incomplete AVM obliteration (OR 6.13; 95% CI 2.16–17.44; p = 0.0007). Conclusions Stereotactic radiosurgery offers favorable seizure outcomes for AVM patients presenting with seizures. Improved seizure control is significantly more likely with complete AVM obliteration.
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Tanriverdi, Taner, André Olivier, Nicole Poulin, Frederick Andermann, and François Dubeau. "Long-term seizure outcome after corpus callosotomy: a retrospective analysis of 95 patients." Journal of Neurosurgery 110, no. 2 (February 2009): 332–42. http://dx.doi.org/10.3171/2008.3.17570.
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Object The authors report long-term follow-up seizure outcome in patients who underwent corpus callosotomy during the period 1981–2001 at the Montreal Neurological Institute. Methods The records of 95 patients with a minimum follow-up of 5 years (mean 17.2 years) were retrospectively evaluated with respect to seizure, medication outcomes, and prognostic factors on seizure outcome. Results All patients had more than one type of seizure, most frequently drop attacks and generalized tonicclonic seizures. The most disabling seizure type was drop attacks, followed by generalized tonic-clonic seizures. Improvement was noted in several seizure types and was most likely for generalized tonic-clonic seizures (77.3%) and drop attacks (77.2%). Simple partial, generalized tonic, and myoclonic seizures also benefited from anterior callosotomy. The extent of the callosal section was correlated with favorable seizure outcome. The complications were mild and transient and no death was seen. Conclusions This study confirms that anterior callosotomy is an effective treatment in intractable generalized seizures that are not amenable to focal resection. When considering this procedure, the treating physician must thoroughly assess the expected benefits, limitations, likelihood of residual seizures, and the risks, and explain them to the patient, his or her family, and other caregivers.
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Muhammad Masuduzzaman, Shah, Md Nazrul Islam, Md Abid Hossain Mollah, Mohammad Azizul Hoque, Md Anwar Hossain, and Md Saiful Islam. "Clinico-Biochemical Abnormalities in Hospitalized Neonates with or without Seizure." Medicine Today 32, no. 1 (January 1, 2020): 37–41. http://dx.doi.org/10.3329/medtoday.v32i1.44829.
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Introduction: To determine the clinical types and etiological factors and to assess the biochemical abnormalities in neonates with seizure.
Materials and Methods: This was a Cross-sectional, comparative hospital based study. Ninety neonates, age up to 28 days of both sexes were evaluated for clinical types, etiological factors and biochemical abnormalities with seizure and compared with those having no seizures. The variables were analyzed using student t- test. All the data was processed and analyzed by computer software SPSS version 15.0. Level of significance was considered as p value less than 0.05.
Results: Most of the neonates having seizures (72%) within 3 days of life. The seizures were common in male babies (62%). 35% of the mother of baby with seizure gave history of prolonged labour. HIE was diagnosed 56.67% neonates with seizure whereas infection were found in 25% cases with seizure. Among the seizure subtypes, subtle seizures were 58% followed by clonic seizures 30%. Significant biochemical changes we found in 43.34% of neonates with seizures. Hypocalcemia (46%) was most common followed by hypoglycemia(38%).
Conclusion: Hypoxic ischemic encephalopathy was the commonest cause of neonatal seizure followed by neonatal infections including meningitis and sepsis.. Biochemical abnormalities are more common in neonates with seizure than neonates free from seizure. Among the biochemical abnormalities hypocalcaemia and hypoglycemia occurs most commonly followed by hyponatraemia and hypomagnesaemia.
Medicine Today 2020 Vol.32(1): 37-41
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Whitener, Brian. "From Racial Democracy to Credit Democracy: Finance and Public Security in Brazil." Brasiliana: Journal for Brazilian Studies 4, no. 2 (June 1, 2016): 221–53. http://dx.doi.org/10.25160/bjbs.v4i2.23499.
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My aim in this article is to provide a first pass at thinking the social effects of this credit expansion which I do via credit as a form of public security. In the first part of this article, I chart the expansion of personal credit as a form of financial corporativism during PT governments in Brazil since 2003. As well, I trace some of the principle cultural mediations of credit and the role of Rio de Janeiro as the site of the production of these mediations, in particular the form of financial mestizagem elaborated in the 2012 novela Cheias de Charme. In the second part, I turn my attention to the kind of subjects that credit expansion has produced. Here I argue that credit expansion has produced a form of the subject as a pass-thru where the state is less concerned with subjects’ interiority and more with facilitating the seizure of assets. This seizure requires a concomitant expansion of militarization and the threat of state violence which further hollows out the subject. I conclude by returning to Rio de Janeiro to apply these insights to the post-UPP political environment. My overall argument is that credit has functioned as a form of public security in two ways: first, state-linked discourse and cultural productions concerning credit-based consumption have produced new figures of national belonging, while, second, the legal environment required for credit expansion produces subjects increasingly exposed to the threat of state violence
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Santoso, Wayan. "The Rights of Victims of Illegal Investment Crimes Against Confiscated Goods." Unnes Law Journal 8, no. 2 (October 19, 2022): 355–76. http://dx.doi.org/10.15294/ulj.v8i2.56587.
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Illegal investment is a very disturbing business crime. The number of victims and the large value of losses make the case of illegal investment getting special attention. The return of losses from the proceeds of crime is actually the right of the victim, but in law enforcement practice, confiscated objects are usually returned to the state, not to the victim as the rightful party. This study will discuss the problems of investment law in business activities, illegal investment in crime terminology and victims' rights to confiscated objects. This research is a normative juridical research examining the legal vacuum of confiscation of assets to be returned to the victim. Investment is a business activity protected by law. In its development, there are investment irregularities in the form of illegal investments, namely investments that are not licensed and carried out against the law. Illegal investment in the terminology of crime is not explicitly stated, but this act is punishable by fraud and money laundering. The proceeds of crime are traced and confiscated, but in legal practice, the return is given to the state. In future legal reformulations, it is necessary to stipulate provisions regarding the seizure of assets; therefore, the victims can get their rights.
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Santoso, Wayan. "The rights of victims of illegal investment crimes against confiscated goods." Borobudur Law Review 4, no. 2 (August 20, 2022): 66–78. http://dx.doi.org/10.31603/burrev.7355.
Full textAbstract:
Illegal investment is a very disturbing business crime. The number of victims and the large value of losses make the case of illegal investment getting special attention. The return of losses from the proceeds of crime is actually the right of the victim, but in law enforcement practice, confiscated objects are usually returned to the state, not to the victim as the rightful party. This study will discuss the problems of investment law in business activities, illegal investment in crime terminology and victims' rights to confiscated objects. This research is normative juridical research examining the legal vacuum of confiscation of assets to be returned to the victim. The results show that investment is a business activity protected by law. In its development, there are investment irregularities in the form of illegal investments, namely investments that are not licensed and carried out against the law. Illegal investment in the terminology of crime is not explicitly stated, but this act is punishable by fraud and money laundering. The proceeds of crime are traced and confiscated, but in legal practice, the return is given to the state. In future legal reformulations, it is necessary to stipulate provisions regarding the seizure of assets; therefore, the victims can get their rights.
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Shinnar, Shlomo, Anne T. Berg, Solomon L. Moshe, Christine O'Dell, Marta Alemany, David Newstein, Harriet Kang, Eli S. Goldensohn, and W. Allen Hauser. "The Risk of Seizure Recurrence After a First Unprovoked Afebrile Seizure in Childhood: An Extended Follow-up." Pediatrics 98, no. 2 (August 1, 1996): 216–25. http://dx.doi.org/10.1542/peds.98.2.216.
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Objective. To assess the long-term recurrence risks after a first unprovoked seizure in childhood. Methods. In a prospective study, 407 children who presented with a first unprovoked seizure were then followed for a mean of 6.3 years from the time of first seizure. Results. One hundred seventy-one children (42%) experienced subsequent seizures. The cumulative risk of seizure recurrence was 29%,37%,42%, and 44% at 1,2,5, and 8 years, respectively. The median time to recurrence was 5.7 months, with 53% of recurrences occurring within 6 months, 69% within 1 year, and 88% within 2 years. Only 5 recurrences (3%) occurred after 5 years. On multivariable analysis, risk factors for seizure recurrence included a remote symptomatic etiology, an abnormal electroencephalogram (EEG), a seizure occurring while asleep, a history of prior febrile seizures, and Todd's paresis. In cryptogenic cases, the risk factors were an abnormal EEG and an initial seizure during sleep. In remote symptomatic cases, risk factors were a history of prior febrile seizures and age of onset younger than 3 years. Risk factors for late recurrences (after 2 years) were etiology, an abnormal EEG, and prior febrile seizures in the overall group and an abnormal EEG in the cryptogenic group. These are similar to the risk factors for early recurrence. Conclusions. The majority of children with a first unprovoked seizure will not have recurrences. Children with cryptogenic first seizures and a normal EEG whose initial seizure occurs while awake have a particularly favorable prognosis, with a 5-year recurrence risk of only 21%. Late recurrences do occur but are uncommon.
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Rehman, Zia ur, Nuzhat Noureen, Abdul Basit, and Muhammad Yousaf. "Efficacy and Safety of Levetiracetam in Refractory Seizures in Children." Pakistan Journal of Medical and Health Sciences 16, no. 9 (September 30, 2022): 310–12. http://dx.doi.org/10.53350/pjmhs22169310.
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Objective: To assess efficacy and safety of Levetiracetam (LEV) as add-on therapy in children with refractory seizure. Methodology: This prospective observational cohort study was conducted in the Outpatient Department of Paediatric Neurology, “The Children’s Hospital & Institute of Child Health, Multan”, Pakistan from 15th January 2020 to 14th January 2021. Fifty children of aged 2 months to 14 years of both genders with refractory epilepsy were enrolled and received oral LEV. Data on LEV efficacy and side effects were recorded. The medication was considered as “effective” when all seizures had ceased within 3 months, “partially effective” when seizure frequency was decreased by ≥50% and “ineffective” when seizure frequency was decreased by < 50%.or seizure frequency remain unchanged during a period of 3 month. Results: Out of a total of 50 participants, there were 35 (70.0%) male. Mean age was 4.81±3.79 years while mean age at onset of seizures was 2.51±2.85 years. Most frequent type of seizures was generalized tonic clonic seizures in 19 (38.0%) patients followed by focal clonic seizures in 13 (26.0%) patients. Levetiracetam was effective in 14 (28%) patients, partially effective in 24 (48.0%) and not effective in 12 (24.0%) patients. Conclusion: Levetiracetam as add-on therapy reduced the seizure frequency in 76% of the participants without any significant side effects. Keywords: Levetiracetam, refractory seizure, epilepsy, add-on therapy, efficacy.
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Bower, Regina S., Elaine Wirrell, Macaulay Nwojo, Nicholas M. Wetjen, W. Richard Marsh, and Fredric B. Meyer. "Seizure Outcomes After Corpus Callosotomy for Drop Attacks." Neurosurgery 73, no. 6 (September 11, 2013): 993–1000. http://dx.doi.org/10.1227/neu.0000000000000161.
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Abstract BACKGROUND: Medically intractable epilepsy involving drop attacks can be difficult to manage and negatively affect quality of life. Most studies investigating the effect of corpus callosotomy (CC) on seizures have been limited, focusing on the pediatric population or drop seizures alone, with little attention to other factors influencing seizure outcome. OBJECTIVE: To assess seizure outcomes after CC in adults and children. METHODS: Retrospective analysis was performed on all patients who underwent CC (anterior two thirds, 1- or 2-stage complete) at our institution between 1990 and 2011. Change in frequency after CC was assessed for drop seizures and other seizure types. Multiple factors were evaluated for impact on seizure outcome. RESULTS: Fifty patients met inclusion criteria. The median age was 1.5 years at seizure onset and 17 years at time of surgery. Anterior two-thirds CC was performed in 28 patients, 1-stage complete in 17, and 2-stage complete in 5. All 3 groups experienced a significant decrease in drop seizures (P < .001, P < .001, and P = .020, respectively), with 40% experiencing complete resolution, and 64% dropping at least 1 frequency category. Other seizure types significantly decreased in anterior two-thirds CC and 1-stage complete (P = .0035, P = .001, respectively). Younger age at surgery correlated with better seizure outcomes (P = .043). CONCLUSION: CC for medically refractory generalizing epilepsy is effective for both drop seizures and other seizure types. CC should be considered soon after a patient has been deemed medically refractory because earlier age at surgery results in lower risk and better outcome.
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Gunawan, Yopi. "DISCOURSE ON THE IMPLEMENTATION OF PROGRESSIVE LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION." Jurnal Pembaharuan Hukum 8, no. 3 (December 28, 2021): 438. http://dx.doi.org/10.26532/jph.v8i3.15473.
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The number of corruption cases in Indonesia that are not appropriately resolved is the cause of the emergence of progressive laws. Public trust in the law began to fade because the applicable law did not determine many problems. The law is not seen as a solution provider, and it becomes a particular problem for law enforcement. This article aims to analyze the concept of recovering state losses due to corruption through the implementation of progressive law. The method used is normative legal research using a qualitative approach. This article concludes that progressive law enforcement to eradicate criminal acts of corruption lies in harmonizing the values contained in society and then realizing those values into reality, where their application is influenced by several factors, including legal substance, legal structure, culture law, professionalism, and leadership. The development of the modus operandi of corruption in hiding assets resulting from corruption encourages the urgency of implementing a progressive law enforcement strategy by implementing 2 (two) strategic steps, namely: a) Taking rule-breaking actions in the form of seizure of the defendant's assets to guarantee payment of state losses; b) The judge gives a contra legem decision in the form of an obligation to pay replacement money without a subsidiary which is preceded by confiscation of the guarantee so that it will close the defendant's room to escape from paying replacement money
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Terry, Debbie, Anup D. Patel, Daniel M. Cohen, Daniel Scherzer, and Jennifer Kline. "Barriers to Seizure Management in Schools." Journal of Child Neurology 31, no. 14 (September 29, 2016): 1602–6. http://dx.doi.org/10.1177/0883073816666738.
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The purpose of this study was to assess school nurses’ perceptions of barriers to optimal management of seizures in schools. Eighty-three school nurses completed an electronic survey. Most agreed they felt confident they could identify a seizure (97.6%), give rectal diazepam (83.8%), and handle cluster seizures (67.1%), but fewer were confident they could give intranasal midazolam (63.3%), had specific information about a student’s seizures (56.6%), or could swipe a vagus nerve stimulator magnet (47.4%). Nurses were more likely to be available at the time of a seizure in rural (17/20) (85%) versus suburban (21/34) (62%) or urban (8/25) (32%) schools ( P = .001). School nurses are comfortable managing seizures in the school setting. However, a specific seizure plan for each child and education on intranasal midazolam and vagus nerve stimulator magnet use are needed. A barrier in urban schools is decreased availability of a nurse to identify seizures and administer treatment.
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Kirov, George, Klaus P. Ebmeier, Allan I. F. Scott, Maria Atkins, Najeeb Khalid, Lucy Carrick, Andrew Stanfield, Ronan E. O'Carroll, Mustafa M. Husain, and Sarah H. Lisanby. "Quick recovery of orientation after magnetic seizure therapy for major depressive disorder." British Journal of Psychiatry 193, no. 2 (August 2008): 152–55. http://dx.doi.org/10.1192/bjp.bp.107.044362.
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BackgroundMagnetic seizure therapy, in which seizures are elicited with a high-frequency magnetic field, is under development as a new treatment for major depressive disorder. Its use may be justified if it produces the antidepressant effects of electroconvulsive therapy (ECT), coupled with limited cognitive side-effects.AimsTo evaluate the usefulness of a new 100 Hz magnetic seizure therapy device.MethodWe induced seizures with 100 Hz magnetic transcranial stimulation in 11 patients with major depressive disorder during one session of a regular course of ECT. Recovery times after seizures induced by magnetic seizure therapy and ECT were compared.ResultsSeizures could be elicited in 10 of the 11 patients. Stimulation over the vertex produced tonic-clonic activity on 9 out of 11 occasions. Stimulation over the prefrontal midpoint elicited seizures on 3 out of 7 occasions. The mean duration of magnetically induced seizures was 31.3s, ranging from 10 to 86s. All patients had an exceptionally quick recovery of orientation: mean of 7 min 12s (s.d.=2 min 7 s, range 4 min 20s to 9 min 41 s). The recovery times were on average 15 min 35s shorter with magnetic seizure therapy than with ECT in the same patients (paired-samples t-test: P<0.0001). Patients reported feeling less confused after magnetic seizure therapy. Side-effects were confined to myoclonic movements, associated with the use of etomidate.ConclusionsThe new 100Hz magnetic stimulator elicits seizures in the majority of patients when administered over the vertex. Magnetic seizure therapy was associated with shorter recovery times and less confusion following treatment. Subsequent work will be required to assess the safety and effectiveness of magnetic seizure therapy in the treatment of depression.
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Scramstad, Carly, and Alan C. Jackson. "Cerebrospinal Fluid Pleocytosis in Critical Care Patients With Seizures." Canadian Journal of Neurological Sciences / Journal Canadien des Sciences Neurologiques 44, no. 4 (February 8, 2017): 343–49. http://dx.doi.org/10.1017/cjn.2016.442.
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AbstractObjectives: To assess the etiology of cerebrospinal fluid (CSF) pleocytosis in critical care patients with seizure(s) or status epilepticus (SE). Many previous studies, some performed decades ago, concluded that CSF pleocytosis may be entirely attributable to seizure activity. Methods: We undertook a retrospective chart review of adult patients with an admitting or acquired diagnosis of seizure(s) or SE in critical care units at the Winnipeg Health Sciences Centre between 2009 and 2012. Patients were identified through a critical care information database at a tertiary care center. We limited our study to patients who had lumbar punctures at our center within 5 days of seizure(s) or SE. Results: Of 426 patients with seizures in critical care units, 51 met the inclusion criteria. Seizure subtypes included focal seizures (5 or 10%), generalized seizures (14 or 27%), and SE (32 or 63%). Twelve (seven with SE) of the 51 (24%) were found to have CSF pleocytosis. A probable etiological cause for the CSF pleocytosis was identified in all 12 cases. Conclusions: We conclude that seizures do not directly induce a CSF pleocytosis. Instead, the CSF pleocytosis more likely reflects the underlying acute or chronic brain process responsible for the seizure(s). This was not readily apparent in early studies without magnetic resonance imaging (MRI) of the brain and currently available laboratory investigations. An etiological cause of CSF pleocytosis must always be sought when patients present with seizures and it should never be assumed that seizures are the cause.
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Holtkamp, Martin, Ettore Beghi, Felix Benninger, Reetta Kälviäinen, Rodrigo Rocamora, and Hanne Christensen. "European Stroke Organisation guidelines for the management of post-stroke seizures and epilepsy." European Stroke Journal 2, no. 2 (April 19, 2017): 103–15. http://dx.doi.org/10.1177/2396987317705536.
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Background Following stroke, acute symptomatic seizures (manifestation within seven days) and epilepsy, i.e. occurrence of at least one unprovoked seizure (manifestation after more than seven days), are reported in 3–6% and up to 12% of patients, respectively. Incidence of acute symptomatic seizures is higher in intracranial haemorrhage (10–16%) than in ischaemic stroke (2–4%). Acute symptomatic seizures and unprovoked seizure may be associated with unfavourable functional outcome and increased mortality. In view of the clinical relevance, the European Stroke Organisation has issued evidence-based guidelines on the management of post-stroke seizures and epilepsy. Method A writing committee of six clinicians and researchers from five European countries and Israel identified seven questions relating to prevention of (further) post-stroke seizures and epilepsy and to amelioration of functional outcome and prevention of mortality. Recommendations are based on findings in randomised controlled trials and observational studies using the grading of recommendations assessment, development and evaluation approach. Results In the absence of adequately powered randomised controlled trials, evidence for all recommendations is very low. Based on findings in observational studies, some weak recommendations have been made. In most instances, we suggest not to administer antiepileptic drugs. Due to high incidence of seizure recurrence after one post-stroke unprovoked seizure, secondary antiepileptic drugs prophylaxis needs to be considered. Conclusion Due to very low evidence, these guidelines only give some weak recommendations on prevention of occurrence and recurrence of post-stroke acute symptomatic seizures and unprovoked seizure. Adequately powered randomised controlled trials are required to assess interventions for post-stroke seizure management.