"Extended Asset Recovery in Criminal Law - Increased Functionality or Unjustified Deviation From Traditional Legal Safeguards"

Johan Boucht, University of Bergen

Abstract

It is a fundamental principle underpinning criminal justice policy that the perpetrator must no profit from his crime. Asset recovery thus refers to the seizure of property, without compensation, due to unlawful activity. Extended asset recovery, as I use the term, refers to situations where the causal connection between the underlying offence and the property in question is weaker, or non-existent. This project deals with two forms of extended asset recovery, so-called extended criminal confiscation and civil forfeiture (a measure wholly detached from the criminal procedure), and their legitimatization in view of existing principles of criminal law and criminal procedural law. An important question is how confiscation regimes should be constructed in order to reasonably balance efficiency and legal safeguards.

Reading:

Extended Confiscation and the Proposed Directive on Freezing and Confiscation of Criminal Proceeds in the EU: On Striking a Balance between Efficiency, Fairness and Legal Certainty, in European Journal of Crime, Criminal Law and Criminal Justice 21 (2013), 139-160.