The Limits of Asset Confiscation

On the Legitimacy of Extended Appropriation of Criminal Proceeds

By Johan Boucht

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. [Subject: Criminal Law, International Law, Comparative Law, Tax Law]~

Publication Date: 6/1/2017
Format: Cloth
ISBN: 9781509907076