Civil Forfeiture of Criminal Property

Legal Measures for Targeting the Proceeds of Crime

Buch | Hardcover

392 Seiten

2009
Edward Elgar Publishing Ltd (Verlag)
978-1-84720-826-2 (ISBN)

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In this book, which is the first of its kind, leading experts examine the civil and criminal forfeiture systems in Australia, Canada, China, Ireland, South Africa, the United Kingdom and the United States. In the fight against organized crime and international money laundering, there is a global trend for countries to enact forfeiture and confiscation laws that are applied through the civil process rather than the traditional criminal justice system. The authors gathered here analyze the appeal these civil forfeiture laws have for governments for their potential to disrupt criminal organizations and for their quantifiable benefits to the state. But without the usual safeguards of the criminal process, civil forfeiture laws are controversial, attracting constitutional challenges, particularly on human rights grounds. This book will be of great interest to policy-makers in government, and law enforcement agencies who are thinking of reforming their own laws, as well as to law reform agencies or select parliamentary committees where the issue of reform is topical. It will also appeal to students in criminal law, criminology and human rights.

Edited by Simon N.M. Young, Associate Professor and Director, Centre for Comparative and Public Law, Faculty of Law, University of Hong Kong

Contents:

Preface

Introduction
Simon N.M. Young

PART I: AN INTRODUCTION TO CIVIL FORFEITURE
1. Perspectives on Civil Forfeiture
Jeffrey Simser

PART II: GLOBAL PROLIFERATION OF CIVIL FORFEITURE LAWS
2. An Overview of Asset Forfeiture in the United States
Stefan D. Cassella

3. Ireland: The Multi-Disciplinary Approach to Proceeds of Crime
Felix J. McKenna and Kate Egan

4. Asset Forfeiture in South Africa under the Prevention of Organised Crime Act 121 of 1998
Raylene Keightley

5. Civil Forfeiture – The Australian Experience
Sylvia Grono

6. Civil Asset Forfeiture in Canada
James McKeachie and Jeffrey Simser

7. Assets Recovery under the Proceeds of Crime Act 2002: The UK Experience
Angela V.M. Leong

8. Is the Patient Expected to Live? UK Civil Forfeiture in Operation
Sara Dayman

PART III: FORFEITURE OF CRIMINAL PROPERTY IN CHINESE SOCIETIES: PROSPECTS FOR MODERN FORFEITURE LAWS
9. The Confiscation System in Mainland China
Xing Fei and Kung Shun Fong

10. Civil Forfeiture for Hong Kong: Issues and Prospects
Simon N.M. Young

11. Civil Confiscation of Proceeds of Crime: A View from Macau
Jorge A.F. Godinho

12. The Current Forfeiture Regime in Taiwan
Lawrence L.C. Lee

Index

Erscheint lt. Verlag	27.2.2009
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Strafrecht ► Strafverfahrensrecht
ISBN-10	1-84720-826-6 / 1847208266
ISBN-13	978-1-84720-826-2 / 9781847208262
Zustand	Neuware