Compensation Or Confiscation
Download Compensation Or Confiscation full books in PDF, epub, and Kindle. Read online free Compensation Or Confiscation ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Johan Boucht |
Publisher | : Bloomsbury Publishing |
Total Pages | : 305 |
Release | : 2017-06-01 |
Genre | : Law |
ISBN | : 1509907084 |
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.
Author | : |
Publisher | : |
Total Pages | : 932 |
Release | : 1997 |
Genre | : Administrative law |
ISBN | : |
Special edition of the Federal Register, containing a codification of documents of general applicability and future effect ... with ancillaries.
Author | : |
Publisher | : World Bank Publications |
Total Pages | : 284 |
Release | : 2009 |
Genre | : Law |
ISBN | : 082137902X |
This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Author | : Stefano Betti |
Publisher | : World Bank Publications |
Total Pages | : 203 |
Release | : 2022-06-15 |
Genre | : Law |
ISBN | : 1464818304 |
This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Examine and Review the Administration of the Trading with the Enemy Act |
Publisher | : |
Total Pages | : 716 |
Release | : 1957 |
Genre | : Scholarships |
ISBN | : |
Considers legislation on return of confiscated property, payment of American war damage claims, and use of interest from the investment of funds obtained under the provisions of the Trading With the Enemy Act for scientific scholarships and fellowships for children of veterans.
Author | : New South Wales. Law Reform Commission |
Publisher | : |
Total Pages | : 300 |
Release | : 2003 |
Genre | : Commercial crimes |
ISBN | : |
Author | : Judith Seddon |
Publisher | : Law Business Research Ltd. |
Total Pages | : 987 |
Release | : 2018-01-19 |
Genre | : |
ISBN | : 1912377837 |
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author | : Pieter Adriaanse |
Publisher | : Springer |
Total Pages | : 208 |
Release | : 2013-11-11 |
Genre | : Law |
ISBN | : 9401189153 |
was discussed by the Institut de Droit International at Siena 1 and recently, in 1954, it was the principal item of the meeting of the Netherlands Branch of the International Law Association 2. This study aims at contributing to the not too extensive literature on the subject. 11. BACKGROUND One cannot consider law and justice without considering at the same time the people whom they concern. And people again cannot be imagined without feelings, political and social views, and economic interests. The law could not exist without such a background. The history of various acts of confiscation in the twentieth century proves the enormous importance of the back ground underlying these problems. Russian confiscations are in the light of the Bolshevist doctrine only becoming intelligible of revolution; the M exicanization of the oil industry is in keeping with Mexican social development preceding it; the confiscations which took place in Germany under the Nazi regime must be understood as the outcome of a certain ideology; unfortunately confiscations due to operations in time of war are self-explana tory. A single school of thought governs each one alike: rights of individuals are considered of less and less importance. It was not by chance that the infringement of private property, notably in the great political upheavals, often went hand in hand with a dedining interest in the protection of the individual freedom. Where the state infringes the proprietary rights of individuals, it will even more readily do the same as regards personal freedom.
Author | : Andrew R. Mitchell (Barrister) |
Publisher | : |
Total Pages | : 1114 |
Release | : 2002 |
Genre | : Confiscation |
ISBN | : |
covers both the philosophy behind the law on forfeiture and confiscation, and the practical steps needed to apply it. The third edition includes chapters on civil forfeiture, human rights and an increased section on money laundering, along with a new Case and comment section, providing the opportunity to report cases which havepreviously been unreported and are thus hard to find. The work has changed from a hardback book to a looseleaf format, ideal for keeping readers up to date with fast-changing legal developments such as the Proceeds of Crime Bill 2001 likely to be given Royal Assent in summer 2002.
Author | : Antje du Bois-Pedain |
Publisher | : Bloomsbury Publishing |
Total Pages | : 390 |
Release | : 2017-05-04 |
Genre | : Law |
ISBN | : 1509905146 |
How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.