The Limits of Asset Confiscation

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.

Auteur

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.

Contenu

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