The limits of asset confiscation : on the legitimacy of extended appropriation of criminal proceeds / Johan Boucht.

Format:

Book

Author/Creator:

Boucht, Johan, author.

Series:

Hart studies in comparative public law.

Hart studies in comparative public law

Language:

English

Subjects (All):

Forfeiture--Europe.

Forfeiture.

Physical Description:

1 online resource (279 pages)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2017.

Summary:

This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues. The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure

Contents:

Introduction

Extended criminal confiscation

Non-conviction based asset confiscation

Justifying asset confiscation

Towards a normative framework for assessing extended asset appropriation

Curtain : assessing the feasibility of extended appropriation.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509907106

1509907106

9781509907090

1509907092

9781509907083

1509907084

OCLC:

967457324