Table of Contents
What is an illegal confiscation?
Confis- cation means the permanent deprivation of the proceeds of crime or of property of corresponding value. Confiscation is based upon the principle that proceeds of crime should be forfeited, as a convicted person should not benefit from his or her criminal activity.
What does subject to confiscation mean?
Confiscation of assets or property is the permanent deprivation of property by order of a court or administrative procedures, which transfers the ownership of assets derived from criminal activity to the State.
Why is confiscation important?
A robust system of provisional measures and confiscation is an important part of an effective anti-money laundering and counter-terrorist financing regime. Confiscation prevents criminal property from being laundered or reinvested either to facilitate other forms of crime or to conceal illicit proceeds.
What is the difference between forfeiture and confiscation?
A forfeiture order deprives the defendant of title there and then, whereas a confiscation order is only an order to pay a sum of money enforced as if it were a fine. If confiscation is invoked the court will not usually be able to make a forfeiture order.
Is a confiscation order a fine?
How long does a confiscation order last?
A Confiscation order must usually be paid on the date it is made, but the court can grant 6 months, or in exceptional circumstances 12 months, to pay.
What happens to items confiscated by the police?
Once an arrest has been made, confiscated property is generally taken to the police department where it will be filed and catalogued by a clerk. The clerk will then issue a “property voucher” to the owner. This acts as a receipt, and will allow the owner to retrieve their property if it is lawful to do so.
Are confiscation orders unfair to offenders?
To punish a defendant because of such circumstances, where nonpayment is completely beyond their control, is manifestly unfair. It should also be borne in mind that when confiscation orders are made, the burden rests entirely on defendants to show that they do not have the means to pay.
How long can police keep your belongings?
The Police will hold your property until all relevant matters have been dealt with. Sometimes this may be until a case has been resolved; other times this won’t be until after any possible appeal has been completed.
What is non-conviction based confiscation?
There is, however, a very particular form of confiscation, known as non-conviction based (NCB hereinafter) confiscation or actio in rem, which can be court mandated even in the absence of a conviction.
What is confiscation and how does it work?
Confiscation measures normally follow a criminal verdict, finding a person guilty of certain offences and, thus, making his or her assets suitable for confiscation.
Which countries in Europe allow non-conviction based confiscation?
This point was addressed by Eurojust by way of a questionnaire in 2010, Italy, Ireland and the UK are the only three states, among the 28 constituting the European Union, providing for non-conviction based confiscation. Germany and Greece have similar provisions, but criminal conviction is nevertheless required.
Can a person be prosecuted in absentia or in confiscation?
These cases are not only very limited, but for several continental jurisdictions are also merely theoretical, as prosecution in absentia is allowed, while confiscation against persons affected by a permanent illness might be contrary to the due process (Balsamo 2012: 24–25).