Letteratura scientifica selezionata sul tema "Forfeiture laws"
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Articoli di riviste sul tema "Forfeiture laws"
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Grove, Sean M. "How the Government Can ‘Come and Take It’". Texas A&M Journal of Property Law 3, n. 2 (marzo 2016): 121–46. http://dx.doi.org/10.37419/jpl.v3.i2.2.
Testo completoAbstract (sommario):
As a model of review, this Comment will use Texas’s laws—juxtaposed against state laws that are providing more protections—to compare what Texas is doing wrong in light of what other states are doing right. First, this Comment will give a brief history of asset forfeiture in general and provide the status of civil asset forfeiture in the twentyfirst century. Part II will discuss the benefits of some asset forfeiture programs while highlighting the shortcomings and burdens that civil asset forfeiture brings. Part III will show state legislation aimed at curtailing civil asset forfeiture and the factors that make Texas’s laws (arguably) among the worst in the country. Finally, Part IV will discuss what Texas and similar states should do to improve the protections afforded to property owners and also improve the use of forfeiture overall.
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Thiyagu Ganesan, Mohd Zamre Mohd Zahir, Muhamad Sayuti Hassan e Hasani Mohd Ali. "CIVIL FORFEITURE UNDER ANTI-MONEY LAUNDERING LEGISLATION IN MALAYSIA". IIUM Law Journal 31, S1 (10 novembre 2023): 187–214. http://dx.doi.org/10.31436/iiumlj.v31is1.876.
Testo completoAbstract (sommario):
The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 [AMLAFTA] empowers the Malaysian Courts to forfeit any property that is the subject of a money-laundering offence via sections 55 and 56 of the AMLAFTA. The rationale of this empowerment is to ensure that all property used in the commission of a money laundering offence is forfeited. Hence, the criminals do not gain any benefits from their crimes. However, it is observed that the provision related to civil forfeiture, specifically under section 56 of the AMLAFTA appears problematic in many instances due to the requirement attached and the civil standard of proof. As such, this article intends to detail the civil forfeiture mechanisms under the AMLAFTA. This article used the qualitative method in doctrinal legal research to collect and analyse all the information related to the topic from various primary and secondary data such as legal provisions, case laws and secondary sources, namely journals and articles on civil forfeiture, especially when applying the standard of proof. The article analyses the substantive law and procedural requirements for civil forfeitures based on Malaysia’s relevant legal provisions and cases. This article also examines the Malaysian Courts’ trends in deciding civil forfeiture cases and analyses the standard of proof for civil forfeiture. This article suggests amendments to section 56 of the AMLAFTA to introduce a provision on the rebuttable presumption to ensure that the objective of creating the civil forfeiture provision can be achieved.
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G. Kroeker, Robert. "The pursuit of illicit proceeds: from historical origins to modern applications". Journal of Money Laundering Control 17, n. 3 (8 luglio 2014): 269–80. http://dx.doi.org/10.1108/jmlc-01-2014-0005.
Testo completoAbstract (sommario):
Purpose – The purpose of the paper is to trace the historical foundations of forfeiture from antiquity to its migration into early criminal law statutes. From there the discussion turns to gaps in the law that gained recognition with the emergence of globalized economies and the development of technologies that allowed illicit wealth to be moved transnationally with ease and stealth. The balance of the paper will give an overview of the countermeasures taken in response to these gaps. The paper concludes with comment on the recent spread of non-conviction-based asset forfeiture laws and the practical use to which these laws can be put in relation to the tracing, seizing and forfeiture of illicitly acquired wealth. Design/methodology/approach – The paper opted for a historical legal review of the development of forfeiture laws in common law jurisdictions. Findings – The paper traces the development of the origins of forfeiture in the common law. It lays out the original compensatory objectives of forfeiture and its eventual migration into the criminal law. The paper describes how non-conviction-based asset forfeiture has evolved in modern times as a response to gaps in the criminal law that have been exposed by the pernicious aspects of globalized economies and the ease with which electronic intangible assets can be moved and beneficial ownership obscured. Originality/value – This paper provides an overview of the origins of forfeiture law and traces the use and adaptation of that law as an emerging and effective response to transnational money laundering.
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Aurasu, Anusha, e Aspalella A. Rahman. "Money laundering and civil forfeiture regime: Malaysian experience". Journal of Money Laundering Control 19, n. 4 (3 ottobre 2016): 337–45. http://dx.doi.org/10.1108/jmlc-08-2015-0033.
Testo completoAbstract (sommario):
Purpose Money laundering is a complex issue which has been ongoing for many years globally. Developed and developing countries form anti-money laundering regime in the view to combat these ever-challenging criminal activities. Laundering of money involves the hiding and cleaning of “dirty money” derived from unlawful activities. Malaysia has come up with its own regime of anti-money laundering. Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) provides power to forfeit proceeds at the end of proceedings. This paper aims to investigate whether the current civil forfeiture regime in Malaysia is effective in fighting against money laundering. Design/methodology/approach This paper will be based on a doctrinal research where reliance will mainly be on relevant case laws and legislations. AMLATFA is the primary legislation which will be utilised for the purpose of analysis. Findings Despite the enactment of AMLATFA, little study has been carried out on the effectiveness of civil forfeiture regime under Malaysian anti-money laundering laws. Furthering into forfeiture of criminal proceeds, the findings show that forfeiture provisions are the recent law enforcement strategy to fight against crimes. It is implicit that this strategy is more efficient than the conventional approach, which only focused on punishing the individual criminal but failed to diminish the criminal operations as a whole. Originality/value Strengths and weaknesses of AMLATFA are identified where it is less comprehensive in terms of offences covered and standard of proof. With that, this paper analyses the civil forfeiture regime under the Malaysian anti-money laundering laws. This paper would also offer some guiding principles for academics, banks, their legal advisers, practitioners and policymakers, not only in Malaysia but also elsewhere. Anti-money laundering laws can further be improved by being a better and established civil forfeiture regime where Malaysia will be able to discharge its duties well on forfeiting benefits from criminals.
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Waziri – Azi, Fatima. "The Scope of “in Rem” Forfeiture under Nigerian Law: Issues Arising". World Journal of Social Science 7, n. 1 (11 novembre 2019): 1. http://dx.doi.org/10.5430/wjss.v7n1p1.
Testo completoAbstract (sommario):
Some criminals might be content to serve time in prison, if they know their assets will be available upon release, orthat their families may continue to enjoy the proceeds of crime and this is why in rem forfeiture of assets is animportant mechanism that can be used to prevent this from happening. Indeed it has, generally, been used as aneffective tool to counter organized crime, drug trafficking and certain other crimes in Italy since 1956 and in theUSA since 1970. In rem forfeiture removes the tools of the crime from circulation thereby depriving the wrongdoer,his associates or family from benefiting from the proceeds of crime. Even though for now Nigeria does not have acomprehensive framework for in rem forfeiture, it is however recognized under various Nigerian Laws. This paperdiscusses in detail the legal framework of in rem forfeiture under Nigerian laws, the gaps as well as management ofseized or forfeited assets pending final forfeiture order. The paper posits that for any meaningful progress in the fightagainst corruption and the recovery of proceeds of crime to be made, anti-corruption and law enforcement agenciesmust continue to apply in rem forfeiture mechanism. The paper however emphasizes that civil forfeiture shouldnever be seen as an alternative or substitute for the institution of criminal proceedings when there is sufficientevidence to support such proceedings and where such proceedings would otherwise be justified.
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Żołna, Małgorzata. "Forfeiture of real property in Polish and Lithuanian criminal law". Nieruchomości@ I, n. I (31 marzo 2022): 133–48. http://dx.doi.org/10.5604/01.3001.0015.8073.
Testo completoAbstract (sommario):
This paper is a comparatist evaluation of forfeiture regulations, including the possibility of real property forfeiture under the Polish law and the law in force in the territory of the Republic of Lithuania. Being a legal institution that induces the perpetrator to realize the unprofitableness of committing a prohibited act, forfeiture is more effective than severe penalties, as its supreme goal is to deprive criminal activity of an economic sense. This is achieved through seizure of property and attachment of proceeds from crime. Lithuanian forfeiture laws are in many respects similar to Polish solutions. Their detailed analysis may be an inspiration to contemplate changes in institutions well known to Polish financial criminal lawyers.
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Sofian, Ahmad, Bambang Pratama e Hanifah Azizah. "Mechanism For Asset Forfeiture In The Money Loundering Criminal Law And Asset Forfeiture Bill (Law Comparison With The United States)". Journal of Law and Sustainable Development 11, n. 12 (5 dicembre 2023): e1712. http://dx.doi.org/10.55908/sdgs.v11i12.1712.
Testo completoAbstract (sommario):
Objective: This paper attempts to compare the law between Indonesia and The United States of America regarding the mechanism of asset forfeiture in the context of criminal law. In Indonesia, several criminal law provisions already regulate the possibility of confiscating and forfeiting the proceeds of criminal acts. However, under these provisions, asset forfeiture can only be carried out after the perpetrator of the criminal act is legally and convincingly proven to have committed a criminal act. The Asset Forfeiture Draft Law the text of which is just about to be submitted to parliament can bridge the norm of illicit enrichment or improperly obtained wealth, which is actually set out in the UN Convention Against Corruption, but not yet in Indonesian law. Theoretical framework: To present Indonesian and U.S. experience in regulating the possibility of confiscating and forfeiting the proceeds and instruments of criminal acts. It takes a complete and comprehensive normative juridical approach to asset forfeiture law, presents theoretical elaboration from international scientific publications, reports, and empirical studies. This paper presents a comparison between Indonesian and United States law regarding the forfeiture of assets resulting from money laundering. The United States has been the initiator of the Non-Conviction Based Asset Forfeiture mechanism. As a result of applying the concept of Non-Conviction Based Asset Forfeiture, the United States has benefited by being able to recover state losses suffered due to corruption without having to go through criminal proceedings. Thus, it has been able to minimize state losses occurring due to corruption. Methodology: There have been many studies examining asset forfeiture in various countries, but no study has been found thus far which adequately describes the norms and implementation of laws Indonesian and United States laws, respectively. It is important for Indonesia to understand the United States’ experience, both normatively as well as empirically. Therefore, the normative juridical approach with comparative study approach serves as a tool to investigate various legal aspects of the two countries. Articles with relevant themes that occur in various countries, including Indonesia and the United States, are included in this study. Results and conclusion: An asset forfeiture mechanism is required in national law which adopts the model of forfeiture of assets resulting from criminal acts through civil law. The implementation of the model of criminal asset forfeiture by the means of civil law is needed for the prompt recovery of state losses without first having to prove the criminal act committed by the perpetrator. Originality/ value: This paper is a comparative study of Indonesian and U.S. law respectively which highlights money laundering and asset forfeiture. This study also demonstrates that the asset forfeiture mechanism applied in the United States of America using Non-Conviction Based Asset Forfeiture is a revolutionary concept in forfeiting the proceeds of crime.
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Tzenios, Nikolaos. "Proposal for policy change in the procedure of civil asset forfeiture". Routledge Open Research 2 (10 gennaio 2023): 1. http://dx.doi.org/10.12688/routledgeopenres.17693.1.
Testo completoAbstract (sommario):
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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Tonry, Michael. "Forfeiture Laws, Practices and Controversies in the US". European Journal of Crime, Criminal Law and Criminal Justice 5, n. 3 (1997): 294–307. http://dx.doi.org/10.1163/157181797x00419.
Testo completo
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Redpath, Jean. "Forfeiting rights? Assessing South Africa's asset forfeiture laws". African Security Review 9, n. 5-6 (gennaio 2000): 15–23. http://dx.doi.org/10.1080/10246029.2000.9628078.
Testo completoTesi sul tema "Forfeiture laws"
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Ndzengu, Nkululeko Christopher. "The war againts organised crime: a critical assessment of South African asset forfeiture law and its impact on redress for victims of crime". Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/905.
Testo completoAbstract (sommario):
This research will be undertaken in the field of both criminal and civil law with particular focus on international interventions in the fight against organized criminal activities, assets forfeitsure in South Africa in general and its treatment of victims of the underlying forfeitsure crimes ("the victims") in assert forfeitsure, more specifically.
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Ndzengu, Nkululeko Christopher. "A comparative analysis of aspects of criminal and civil forfeitures: suggestions for South African asset forfeiture law reform". Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14267.
Testo completoAbstract (sommario):
In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction based following the United States of America one.2 Chapter 5 provisions of the Prevention of Organised Crime Act3 (hereafter POCA) provides for court, Basdeo M – Search, Seizure and Asset Forfeiture in the South African Criminal Justice System: Drawing a Balance between Public Utility and Constitutional Rights (2013) LLD, University of South Africa in Chapter 5 where a comprehensive comparative study of SA POCA and United States of America’s asset forfeiture and origin is undertaken. 3 Act 121 of applications for a restraint, confiscation and realisation for the recovery of proceeds of unlawful activities. The restraint is invoked when a suspect is to be charged or has been charged or prosecuted, there are reasonable grounds to believe that a conviction may follow and that a confiscation order may be made. Chapter 6 provisions of POCA provide for court applications for preservation and forfeiture order targeting both the proceeds of unlawful activities and removal from public circulation of instruments or assets used in the commission of offences where the guilt of the wrongdoer is not relevant. POCA has a Schedule with 34 items setting out examples of offences in relation to which civil forfeiture may be invoked. When the State discharges this noble professed task in the name of public safety, security and crime combating, legal challenges arise. This is more so within a constitutional democratic context where both individual and property rights are enshrined and protected. This study deals with some of these challenges. To the mind of a legal researcher, the law of asset forfeiture is, in this process, moulded and developed. South Africa (a developing country), Canada and New Zealand (developed countries in the north and southern hemispheres) have constitutional democracies. They also have asset forfeiture regimes, which attracted the attention of the researcher. The question is: can the developing country learn some best practices from the developed countries in this particular field? It would be interesting to establish this and the level of development of this field in the three countries under study. South Africa, with no federal government, has nine Provinces, single asset forfeiture legislation5 (combining both criminal forfeiture i.e. restraint, confiscation and realisation applications and civil forfeiture i.e. preservation and forfeiture applications), and a criminal statute6 applicable to all such Provinces. It also has, like Canada and New Zealand, pockets of asset forfeiture provisions embedded in various statutes. There is only one asset forfeiture office under the umbrella of the National Prosecuting Authority.7 It has branches8 in the Provinces, invoking the provisions of POCA, since 1999. It is not part of the police department. The researcher joined the South African Port Elizabeth branch in March 2003, Bloemfontein, Kimberly and Mmabatho branches from 2010 to 2011, July 2012 onwards in the Port Elizabeth and has practical experience in this regard. The Prevention of Organised Crime Act 121 of 1998. The Namibian POCA 29 of 2004 is almost a replica of the South African POCA except that the former makes express recognition of the victims of the underlying victims. The Criminal Procedure Act, 51 of 1977 (as amended). The Asset Forfeiture Unit (AFU) with its Head Office situated in Pretoria under the umbrella of the National Prosecution Authority, which Raylene Keightley in Young S Civil Forfeiture of Criminal Property Legal Measures for Targeting the Proceeds of Crime (2009) Cheltenham Edward Elgar Publishing, Inc.: Northampton, MA at 94 calls a specialist implementation agency. In Pretoria, Johannesburg, Cape Town, Port Elizabeth, East London, Durban, Bloemfontein, Kimberley, Mmabatho, Mpumalanga and Limpopo. It comprises of eleven Provinces to which the Criminal Code of Canada, the Controlled Drugs and Substances Act 1996 and a host of other statutes apply. Eight of the eleven Provinces have their own and distinct primary stand-alone asset forfeiture statutes introducing civil forfeiture10 as more fully explained in Chapter 2 of this study.
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Larkin, Philip M. "The rule of forfeiture and social security law". Thesis, University of Southampton, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268387.
Testo completo
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Xue, Dong. "A general study of the extraterritoriality of criminal forfeiture law, Canada and China". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0023/MQ51513.pdf.
Testo completo
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Neuberg, Rachel. "How are Unpopular Policies Made Popular? Obfuscatory Rhetoric in Civil Asset Forfeiture Policy Positions". Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/scripps_theses/1099.
Testo completoAbstract (sommario):
Though Nixon did not coin the phrase “war on drugs” until the early 1970s, strong anti drug positions were already popular with elected officials and law enforcement. The 1973 creation of the Drug Enforcement Agency was impetus for a significant increase in drug-related incarceration, though a more significant increase of drug-related incarceration occurred in the 1980s alongside the birth of private, for-profit prisons. The end of the 20th century saw the conception of a national sentiment that drugs were the biggest security concern to the American people. The budget allocated to fight the war on drugs increased to the billions, much of which was distributed to police departments to aid them in catching drug users and/or dealers. The United States’ government’s proclamation of a war on drugs and their subsequent policy reforms occurred simultaneously to a significant increase in civil asset forfeiture--likely attributed to the heightened anti-drug sentiment
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Meade, John. "Forfeiture and due process, an analysis of the Proceeds of Crime Act, 1996 and its effect on the presumption of innocence in Irish law". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22866.pdf.
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Crawley, Shaun Edward. "The difference in how UAE and EW law controls Gharar (risk) and so Riba in a construction contract in the Emirate of Dubai, UAE". Thesis, Robert Gordon University, 2017. http://hdl.handle.net/10059/2453.
Testo completoAbstract (sommario):
This research critically analyses and compares how the United Arab Emirates (UAE)1 Law and English and Welsh (EW) Law regulates obligations in a contract, for a thing that is to come into existence in the future, namely a construction contract. Uncertainty/speculation as to how an obligation is to be performed in UAE Law is termed gharar. The word that is synonymous with this terminology in EW Law is “risk”. The extent of gharar or ‘risk’ (these terms are used on an interchangeable basis in this thesis) in an obligation plays a fundamental role in the profitability of a construction contract. Where losses become unacceptable, particularly for the Contractor, a dispute will arise. These circumstances may be in conflict with UAE Law, which obligates parties to a contract to ensure circulation of wealth by maintaining the anticipated profit to be made from a contract. This analysis also reviews how the level of gharar or ‘risk’ can be increased by operation of two types of provision that are included in standard forms of construction contract such as the International Federation of Consulting Engineers, Geneva, Switzerland (FIDIC) Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer 1st Ed. 1999 (FIDIC99). The first is a provision that releases the Employer from liability where the Contractor does not give timely notice of an Employer’s act of prevention. The second is a provision giving the Employer a discretion to act in an opportunistic manner, and exempt or limit his liability. It considers how FIDIC99 should be applied to control gharar or ‘risk’ in a positive way. It also identifies similarities between how UAE Law controls gharar and that of the notion of parties’ reasonable expectations in contract Law (herein referred to as parties’ expectations), and how relational contracts operate to ensure parties achieve their expectations.
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Ferrari, Morgane. "Crime organisé russe : origines et perspectives". Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0023.
Testo completoAbstract (sommario):
Devenu clef de lecture des enjeux internationaux dans le nouveau désordre mondial, le crime organisé transnational concurrence l’État par ses propres moyens de coercition et investit la sphère publique de telle manière que, dans certaines régions du monde, son influence est indispensable pour remporter une élection ou un marché public. Il va même jusqu’à agir au détriment des engagements des États en matière de préservation de l’environnement ou du patrimoine, de politique urbaine ou de non-prolifération des armes de destruction massive. Dans quelle mesure les changements géopolitiques et les mutations juridiques en ex-URSS ont eu des conséquences sur la nature et l’évolution du crime organisé russe postsoviétique ? Anciennement garants des traditions carcérales, la nouvelle génération des Voleurs dans la loi (Vory v zakone) s’est largement développée durant la transition démocratique avant d’investir durablement les États occidentaux, au point qu’Interpol qualifie cette organisation de « grave menace pour le développement économique ». D’une part, seront étudiés la « sous-culture criminelle russophone » bien spécifique, la typologie et la structure des groupes criminels russes, ainsi que le contexte juridique de leur développement en Russie et en Géorgie. D’autre part, sera analysée l’évolution en Europe occidentale de cette criminalité russophone, davantage qualifiable « d’association de type mafieux » par ses liens politiques et ses activités économiques « légalisées ». L’étude des réponses juridiques de différentes législations sur le blanchiment de capitaux établit que la confiscation élargie sur le modèle italien reste le principal instrument de lutte efficaceFrom disruptive element to key factor of international stakes in the new world disorder, transnational organized crime competes with the State with its own coercive means and invests in public sector in a way it becomes inevitable in some parts of the world to win an election or obtain a procurement contract, often in spite of international agreements on environmental preservation, protection of holdings or town planning or even non-proliferation of weapons of mass-destruction. To what extent did the geopolitical and legal changes and their consequences in the ex-USSR impact the nature and evolution of post-soviet organized crime? Formerly guardians of the prison criminal traditions, the new generation of Thieves in Law (Vory v zakone) has developed throughout the democratic transition and expanded in Western Europe to such extent Interpol considers it a tremendous threat to economic development, international security and Russian democratic institutions. The first part will study the indigenous Russian-speaking criminal prison “culture” and give an analyzed overview of the structure of current types of Russian criminal groups and the legal context that led to their development in Russia and Georgia throughout the democratic transition. On the second hand, I will study the expansion in Western Europe of Russian-speaking criminality which can be qualified as “association of mafia-type” (cf. Art. 416bis of the Italian Criminal Code) because of its political links and its “legalized” profits. Forfeiture and seizure on the Italian legal model remain the most effective instrument as established from the study of different legislations against money laundering
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Truglia, Giusy. "Les moyens procéduraux de lutte contre la criminalité organisée en France et en Italie". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32088.
Testo completoAbstract (sommario):
Depuis plusieurs années déjà, un phénomène particulièrement dangereux se répand et s’étend désormais partout, suscitant des inquiétudes au sein de la société : la criminalité organisée. Pour l’endiguer et pour garantir la protection des personnes, on a essayé d’employer une politique de prévention des crimes. A cette fin, de nombreux procédés législatifs ont été adoptés au niveau national et international. La communauté européenne et internationale est intervenue plusieurs fois dans la lutte contre la criminalité organisée, à partir du Traité de Maastricht, d’Amsterdam, du Conseil de Tampere jusqu’au récent Traité de Lisbonne. Ces traités ont permis l’adoption d’importantes mesures pour lutter contre la criminalité organisée. Il est également possible de relever que la Convention des Nations Unies contre la criminalité transnationale organisée et la Convention du 29 mai 2000 ont eu un apport non négligeable. Des accords bilatéraux ont été adoptés par la France et l’Italie pour combattre plus efficacement ce péril et cette plaie qui infecte des points vitaux de la société (par exemple l’Administration Publique et les banques, dont le contrôle est nécessaire pour le blanchiment). La France, avec l’adoption de la loi Perben II du 9 mars 2004 portant adaptation de la justice aux évolutions de la criminalité et l’Italie avec les « paquets sécurité » de 2009 et 2010, ont employé beaucoup de moyens pour réduire et limiter le champ d’action de ces criminels. Un rôle fondamental a été celui des collaborateurs de justice que avec leurs aveux, en échange de réductions de peine, ont dévoilé la structure et la hiérarchie des associations criminelles permettant aux autorités compétentes de mieux les comprendre, de repérer les associés, et en nombreux cas de les détruire. Il faut souligner qu’une mesure efficace a été la confiscation des biens cumulés par les malfaiteurs (bien meubles et immeubles, c’est-à dire des dépôts bancaires, investissements financiers, propriétés, terrains, maisons) et leur utilisation de la part de l’administration publique à des fins sociales à l’avantage de toute la communauté (écoles, édifices publics et hôpitaux). La confiscation du bien, en fait, empêche la criminalité organisée d’en disposer et d’en tirer des revenus, mine sa structure et son pouvoir. Parallèlement, elle donne confiance aux populations souvent tourmentées et effrayées (pensons par exemple au racket imposé aux commerçants et aux entreprises de constructions, d’exploitation agricole), et alimente l’espoir d’une possible libération. La lutte contre les organisations criminelles est longue et difficile, mais si elle est mené avec détermination sur plusieurs fronts, avec la collaboration et la coordination des moyens répressifs des États et de leurs gouvernements, les succès ne pourront pas manquerFor quite a few years now, a particularly dangerous and unsettling phenomenon has been spreading and extending in various degrees throughout all the regions, and that phenomenon is organized crime. In order to check (limit) its spread and guarantee the protection of the population, a crime prevention policy has been imposed. To such an end, numerous legislative provisions have been adopted on both the national and international level. The European and international community have repeatedly intervened in the last years to fight against organized crime, beginning with the Treaty of Maastricht, the Council of Tampere, up to the recent Essay in Lisbon. These treaties have allowed for the adoption of important measures to fight against organized crime, and one should not overlook the Convention of the United Nations and the Convention of May 29, 2000 (in doing the same). Bilateral accords have been stipulated from both France and Italy to more effectively oppose this danger and social evil that threatens with infecting, if it has not already done so, the organs of modern societies (for example; Public Administration, banks (the control of which is necessary in order to recycle dirty money). France, with the approval of the Perben II Law of March 9, 2004 intended to bring up to date the tools of justice in order to make them more incisive in relationship to the evolution of criminality. Italy has done the same thing with the “safety packets” of 2009 and 2010. Furthermore, these two countries have employed many resources in order to try to reduce and limit criminality’s field of action. A fundamental role was carried out by those who collaborated with the judicial system who, by their confessions in exchange for reduced punishment, have disclosed the structure and the hierarchy of criminal associations allowing the authorities involved to better understand, individualize their affiliates (i.e. members) and, in numerous cases, to dismantle them. By contrast, a very effective measure has been and still is the confiscation of goods accumulated by (those) in organized crime (real and financial goods, that is, banking deposits, financial investments, property, land, houses) and their re-use by Public Administration for the social well-being and to the advantage of the entire community (schools, public buildings, hospitals). The forfeiture of such goods, in fact, deprives the criminal underworld the lifeblood and profits that it draws from them; it mines the structure its power, contemporaneously providing safety to the people who are often oppressed and intimidated (one needs only to think about the extortions imposed on shopkeepers, construction and agricultural enterprises) and heightens their hope of a possible liberation from the above. The struggles against criminal organizations is long and difficult, but if it is conducted with determination on more fronts, with the collaboration and the coordination of the repressive apparatuses of nations and their governments, success cannot fail
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Soko, Cassandra. "An evaluation of Zambia’s asset recovery laws". 2013. http://hdl.handle.net/11394/3875.
Testo completoAbstract (sommario):
Magister Legum - LLMContrary to Common perception, corruption is not all that ails Africa. It is only a component of the multifaceted economic criminality that leads to illicit capital flight from developing states and those undergoing political transition. The siphoning away of economic resources has a devastating impact on such countries, both economically and socially. This leads to an erosion of public confidence in government departments and in the administration of justice generally. The clandestine nature of economic criminality makes it particularly hard to prosecute. There has thus been an international consensus that asset recovery would be the most apt mode of deterrence and reparation. Having its genesis in the 1989 Vienna convention, asset recovery has now become a useful tool with which developing countries can recoup some of the assets plundered by criminals. The United Nations Convention against corruption has also made it possible for states to recover stolen assets by way of non--‐criminal or non--‐conviction—based procedures. The main challenge for developing states is to make international treaties part of their national law. The democratization of former dictatorial states, especially those in Africa, also means that whatever international norms are domesticated in national legislation, should be in line with the tenets of their respective democratic constitutions, thus making them legally irreproachable. This paper evaluates Zambia’s Forfeiture of proceeds of crime Act. It discusses Zambia’s asset recovery provisions against the backdrop of international benchmarks and the laws of a few other countries that also have asset recovery laws. The paper concludes with a set of recommendations.
Libri sul tema "Forfeiture laws"
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Baicker, Katherine. Finders keepers: Forfeiture laws, policing incentives, and local budgets. Cambridge, MA: National Bureau of Economic Research, 2004.
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United States. Drug Enforcement Administration. Drug agents' guide to forfeiture of assets (1987 revision) (with 1990 supp.). [Washington, D.C.?]: U.S. Dept. of Justice, Drug Enforcement Administration, Office of Chief Counsel, 1990.
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Qureshi, Waseem Ahmad. The law of Superdari: Disposal of property with up-to-date case laws. Islamabad: Islamabad Law Book House, 2014.
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United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime. Reforming asset forfeiture laws: Hearing before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, first session, on H.R. 1745, September 18, 1997. Washington: U.S. G.P.O., 1999.
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Pertemuan Ilmiah Tentang Penyitaan Hak Milik Pelaku Tindak Pidana Narkotika (1992 Jakarta, Indonesia). Pertemuan Ilmiah Tentang Penyitaan Hak Milik Pelaku Tindak Pidana Narkotika: [kertas kerja]. [Jakarta]: Badan Pembinaan Hukum Nasional, Departemen Kehakiman, 1994.
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Vecchi, Gregory M. Assets forfeiture: A study of policy and its practice. Durham, N.C: Carolina Academic Press, 2001.
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Starchild, Adam. Protect your assets: How to avoid falling victim to the government's forfeiture laws. Boulder, Colo: Paladin Press, 1996.
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Pak, Mi-suk. Tongnip chejae rosŏ ŭi pŏmjoe suik molsu chedo =: Die Untersuchung über Gewinnabschöpfung als eigenständige Sanktionen. Sŏul-si: Hanʼguk Hyŏngsa Chŏngchʻaek Yŏnʼguwŏn, 2003.
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Pak, Sŭng-jin. Kakkuk ŭi molsu chedo =: Eine vergleichende Untersuchung der Gewinnabschöpfung. Sŏul: Hanʼguk Hyŏngsa Chŏngchʻaek Yŏnʼguwŏn, 1999.
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Zerdelēs, Dēmētrēs. Hē apodynamōsē dikaiōmatos sto ergatiko dikaio. Thessalonikē: Ekdoseis Sakkoula, 1992.
Cerca il testo completoCapitoli di libri sul tema "Forfeiture laws"
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Luther, Peter, e Alan Moran. "Forfeiture Act 1982 (1982, c. 34)". In Core Statutes on Property Law, 189–90. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54479-7_29.
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Cassella, Stefan D. "Asset Forfeiture Law in the United States". In The Palgrave Handbook of Criminal and Terrorism Financing Law, 427–46. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-64498-1_18.
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Gallant, Michelle. "An Empirical Glimpse of Civil Forfeiture Actions in Canada". In The Palgrave Handbook of Criminal and Terrorism Financing Law, 543–63. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-64498-1_23.
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Lestari, Ratna Dwi, Adi Sulistiyono e Hartiwiningsih Hartiwiningsih. "Legal Politics in the Formation of the Asset Forfeiture Bill and the Application of Check and Balance in the Management of Criminal Assets". In Proceedings of the International Conference on Law, Economic & Good Governance (IC-LAW 2023), 577–81. Paris: Atlantis Press SARL, 2024. http://dx.doi.org/10.2991/978-2-38476-218-7_96.
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Pazdan, Maksymilian, e Maciej Zachariasiewicz. "Civil Law Forfeiture as Means to Restrict the Application of the In Pari Delicto-Principle and Other Private Law Consequences of Corruption Under Polish Law". In Ius Comparatum - Global Studies in Comparative Law, 229–65. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-19054-9_11.
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Boggero, Giovanni, e Karin Oellers-Frahm. "Between Cynicism and Idealism: Is the Italian Constitutional Court Passing the Buck to the Italian Judiciary?" In Remedies against Immunity?, 281–309. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_15.
Testo completoAbstract (sommario):
AbstractIn this chapter we focus on the consequences of Sentenza 238/2014 for the Italian judiciary. The judgment of the Corte Costituzionale obliges the Italian tribunals to admit claims for the reparation of victims or the heirs of victims and to decide on the merits. In this context, a series of difficult legal questions arise that require consistent answers. The practice shows, however, that consistent answers cannot be taken for granted as long as the decision is in the hands of lower-level tribunals. The questions to be solved concern, firstly, who can bring a claim: the victims only or—in cases where they are no longer alive—also their spouses, children, or even grandchildren and other family members? This raises a second question namely whether there is any time limit for bringing claims, which of course touches upon more general concerns, such as intertemporal law, statutory limitations, prescriptions, forfeiture and inadmissibility due to reparation agreements. Thirdly, there is the question as to the specific nature of the reparations: for example, financial reparations and their calculation standards, or satisfaction only? A further question arising from all decisions granting reparation relates to the execution of the judgments, as it seems rather illusory that Germany will comply voluntarily with such judgments. An additional aspect the chapter addresses is the broader impact of the decisions of the Italian judiciary: the non-recognition of state immunity before Italian tribunals will make Italy an attractive forum for similar claims, evidence of which has already emerged. Furthermore, the decisions of the tribunals will serve—although certainly involuntarily—as precedents in similar cases not only in Italy. Such effects will concern issues such as (a) the reparation of war-related claims on an individual basis and (b) their consequences for the readiness of states to terminate armed activities by concluding peace treaties and reparation agreements on a lump sum basis. With a view to actual armed conflicts that are mostly not international armed conflicts the question has then to be asked (c) whether individual reparation claims will lead to discriminatory consequences as reparation will probably only be realizable for victims of war crimes committed by state organs and not those committed by non-state actors. The chapter will then conclude by trying to assess more in general the task of constitutional and/or supreme courts to balance the consequences flowing from their decisions against their power or intent to enhance the development of (international) law.
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Boyd, Christina L., Michael J. Nelson, Ian Ostrander e Ethan D. Boldt. "Criminal Asset Forfeiture as a Political Tool?" In The Politics of Federal Prosecution, 171–92. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197554685.003.0008.
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When do U.S. Attorneys use their powers to seize the assets of criminal defendants? After introducing federal criminal asset forfeiture, the chapter details the close connection between criminal forfeiture and prosecutors’ political motivations by tracing the evolution of forfeiture policy in federal laws and Supreme Court opinions. To examine how presidential and congressional signals affect prosecutors’ decisions in this domain, we analyze criminal forfeitures in 89 federal districts from 1996 to 2013. As was the case with other prosecutorial decisions, our results indicate that criminal forfeiture serves as another important way that U.S. Attorneys respond to political signals from political superiors on the importance of prioritizing the fight of federal crime. We conclude by comparing criminal forfeitures to civil asset forfeitures, suggesting that federal prosecutors and the DOJ have largely replaced controversy-prone civil asset forfeitures with their less controversial cousin.
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Panico, Paolo. "Beneficial Interests: Protection, Forfeiture, and Trust Termination". In International Trust Laws. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754220.003.0003.
Testo completoAbstract (sommario):
The various measures discussed in this chapter enable a settlor to retain control over the trust property by weakening the corresponding prerogatives of the beneficiaries. ‘Protective’ and ‘spendthrift’ trusts are a form of asset protection for those beneficiaries who, at least in the settlor’s view, are incapable of adequately managing their financial affairs. ‘Forfeiture’, ‘no-contest’, or ‘in terrorem’ provisions are meant to discourage the beneficiaries from challenging the trust or more generally the programme that the settlor has conceived for their benefit. To this effect, an important difference exists between the law and practice of England and that the United States.
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Rudolphy, Marcela Prieto. "The Non-liability of Unjust Combatants". In The Morality of the Laws of War, 149—C6N91. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192855473.003.0006.
Testo completoAbstract (sommario):
Abstract This chapter argues that a plausible forfeiture-based view of self-defence cannot make many unjust combatants liable to significant or lethal harm and that a lesser-evil justification fails to justify harm to which unjust combatants are not liable. The chapter begins by arguing that a forfeiture theory cannot make many unjust combatants liable: once forfeiture views start to move away from the central case of the villainous aggressor, they lose their appeal. Further, the nature of many unjust combatants’ participation in war makes it very difficult to argue that they have lost rights against significant or lethal harm. As a result, many unjust combatants are not liable to death or significant harm; they are wronged when killed. Second, the chapter discusses the role of lesser-evil justifications in accounting for killing in war, focusing particularly on the ‘combined view’, and argues that the latter fails as a justification for killing in war. Ultimately, we must embrace pacifism or adopt an alternative moral account of killing in war.
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Banoun, Raymond, e Ronald G. White. "U.S. Money Laundering and Forfeiture Laws and Their Impact on Innocent Third Parties". In The Alleged Transnational Criminal, 219–51. Brill | Nijhoff, 1995. http://dx.doi.org/10.1163/9789004642683_012.
Testo completoAtti di convegni sul tema "Forfeiture laws"
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Reinfelds, Vadims. "Konstitucionālo tiesību aizskārumi tiesu praksē par mantas atzīšanu par noziedzīgi iegūtu". In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.41.
Testo completoAbstract (sommario):
Analysis of non-conviction based asset forfeiture laws, policies and court decisions leads to a conclusion that the fundamental human right to property is violated on a systemic scale – standards of proof fall below standard of preponderance of evidence established by current Criminal Law, leading to confiscation of assets without a proof of true criminal origin. Meanwhile, the proof of the criminal origin of assets in most cases is neither linked to the existence of a predicate crime, nor to the traceability of assets from such crime. De facto, in most cases the only sufficient ground for asset forfeiture is a transactional activity match to suspicious transaction methodology by FIU – the lowest possible level of standard of proof, not reaching even the standards of reasonable suspicion or probable cause. Moreover, it is made difficult to prove the legal origin of the property, restricting admission of evidence of legality, as well as presuming “that there should be no difficulty in proving legitimate origin”, regardless of the asset size, transaction history and objective capabilities of the owner.
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Reide, Alise. "Mantojuma atraušana necienīgām personām". In Latvijas Universitātes 82. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2024. http://dx.doi.org/10.22364/juzk.82.12.
Testo completoAbstract (sommario):
According to Article 824 of the Latvian Civil Law the inheritance as well as the legacy shall be forfeited from a person due to his or her unworthiness. Therefore, the article explores forfeiture of inheritance from unworthy persons by analysing the main legal grounds for forfeiture of the inheritance, distinguishing forfeiture from disinheritance, exploring the procedure and limitation period for this claim, as well as examining the legal consequences of forfeiture of the inheritance on the basis of unworthiness.
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Turcanu, Alexandra. "Legal issues regarding the term of forfeiture". In Simpozion stiintific al tinerilor cercetatori, editia 20. Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/9789975359030.05.
Testo completoAbstract (sommario):
The jurisprudence includes a wide range of elements, among which the most essential are the terms. Referring to the terms we can say that they are the most important means of streamlining social relations, without which it is almost impossible to imagine a single normative act, no matter how legal. This article presents the comparative aspect of these terms in the Republic of Moldova, Romania and the Russian Federation, their importance in the legal field and the essential elements so as not to be confused with the extinctive prescription. With their expiration, the subjective right is extinguished not in connection with its realization or with the impossibility to exercise it forcibly, but because the law limits its exercise only within a predetermined term, at the expiration of which the right, as a rule, ceases. By law or by the will of the parties, deadlines may be established for the exercise of a subjective right or the conclusion of a legal act. Failure to exercise the subjective right within the established term, entails its loss or prevents its commission.
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Sutanti, Rahmi, Pujiyono Pujiyono e Nur Rochaeti. "The Urgency of Implementing Non-Conviction-Based Asset Forfeiture in Combating Green Financial Crimes in Indonesia". In Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.27-7-2022.2326300.
Testo completoRapporti di organizzazioni sul tema "Forfeiture laws"
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Baicker, Katherine, e Mireille Jacobson. Finders Keepers: Forfeiture Laws, Policing Incentives, and Local Budgets. Cambridge, MA: National Bureau of Economic Research, maggio 2004. http://dx.doi.org/10.3386/w10484.
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