The Limits of Asset Confiscation
Hart Publishing (Verlag)
978-1-5099-3304-4 (ISBN)
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.
Johan Boucht is Professor of Criminal Law at the University of Oslo, Norway. He has a law degree from the University of Helsinki, Finland, and obtained his doctorate from Uppsala University, Sweden.
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
| Erscheinungsdatum | 24.05.2019 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Gewicht | 395 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Strafrecht ► Strafverfahrensrecht | |
| ISBN-10 | 1-5099-3304-2 / 1509933042 |
| ISBN-13 | 978-1-5099-3304-4 / 9781509933044 |
| Zustand | Neuware |
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