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The Limits of Asset Confiscation: On the Legitimacy of Extended Appropriation of Criminal Proceeds

The Limits of Asset Confiscation: On the Legitimacy of Extended Appropriation of Criminal Proceeds

Author: Johan Boucht
Publisher: Hart Publishing
ISBN: 9781509933044

Published In: October 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509907076

List Price: HKD 649.87

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Description
Contents

Details

This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure. 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 in question and the predicate offence(s) is less obvious.

Particular focus is placed on criminal confiscation and civil recovery. These fairly controversial measures give rise to a number of complex legal issues, but despite this there has been remarkably little discussion, political and/or academic, about the legitimacy of extended appropriation.

The overarching purpose of this book is to provide a comprehensive analysis not only of the nature of extended appropriation and its position within the criminal justice system, but also of the relevant considerations which arguably should be taken into account in order to strike a fair balance between the interests of the state and those of the individual in proceedings. This discussion will stimulate further focus on the legitimacy of asset confiscation as a crime control measure.

1. Introduction

I. The Rise of Extended Appropriation as a Criminal Policy Measure

II. Extended Asset Appropriation and other Forms of Confiscation

III. A Note on Terminology

IV. A Note on Methodology

V. Delimitations

VI. Outline of the Book

2. Extended Criminal Confiscation

I. The Principal Features of Extended Criminal Confiscation

II. Extended Criminal Confiscation in the EU

III. Criminal Confiscation in Norway and Sweden

IV. Criminal Confiscation in England and Wales