The Limits of Asset Confiscation: On the Legitimacy of Extended Appropriation of Criminal Proceeds
Johan Boucht - Bloomsbury Publishing, 1 giu 2017
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| Anteprima |
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.
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.
