Civil forfeiture of criminal property : legal measures for targeting the proceeds of crime
著者
書誌事項
Civil forfeiture of criminal property : legal measures for targeting the proceeds of crime
Edward Elgar, c2009
大学図書館所蔵 全4件
注記
Includes bibliographical references and index
内容説明・目次
内容説明
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.
目次
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
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