NCJ Number
175846
Journal
European Journal of Crime Volume: iminal Law and Criminal Justice Issue: Dated: Pages: 3 (1997)-361
Date Published
1997
Length
20 pages
Annotation
This article presents findings and conclusions from a comparative study on forfeiture legislation implemented in 10 European countries and the United States.
Abstract
All the countries surveyed had specific regulations and statutes that enable prosecution authorities to seize illegal proceeds derived from criminal activities, especially money laundering and other forms of organized crime. Generally, existing regulations were amended to focus specifically on organized crime, although some specially created instruments went beyond existing possibilities. The article reviews general prerequisites for forfeiture, legal character of forfeiture and legal prerequisites, standards of evidence, special requirements for forfeiture, and the practical relevance of the implementation of forfeiture systems. The combination of a separate organizational offense in connection with its own regulation for confiscating an organization's profits, as created in Switzerland and Austria, appears to be an innovative approach from the criminological viewpoint. Notes