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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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509907076
  • 出版时间 June 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509933044
HKD 1,500.00
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    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
    V. Summing Up the Comparison

    3. Non-Conviction Based Asset Confiscation
    I. The Principal Features of Non-Conviction Based Confiscation
    II. Non-Conviction Based Confiscation in England and Wales, Ireland and the EU

    4. Justifying Asset Confiscation
    I. Introduction
    II. Justifying Extended Appropriation
    III. The Legal Nature of Extended Asset Appropriation

    5. Towards a Normative Framework for Assessing Extended Asset Appropriation
    I. Exploring the Limits of Extended Asset Appropriation
    II. Extended Criminal Confiscation: The Target Area
    III. Quantification of Extended Criminal Confiscation Orders-Should Substantive Proportionality Be Required?
    IV. Extended Criminal Confiscation: Procedural Safeguards
    V. Non-Conviction Based Confiscation: The Target Area
    VI. Quantification of Non-Conviction Based Confiscation Orders-Should Substantive Proportionality be Required?
    VII. Non-Conviction Based Confiscation: Procedural Safeguards

    6. Curtain: Assessing the Feasibility of Extended Appropriation

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