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Confiscation Proceedings and Civil Recovery

2023
Abstract Confiscation proceedings as a form of restitution are examined in the Proceeds of Crime Act 2002 (POCA). The objective and effect of confiscation proceedings is draconian in nature. However, since a confiscation order is not a penalty, but a civil debt, a number of the safeguards surrounding the criminal trial process do not ...
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Historic analogs of civil confiscation of unexplained wealth – the case of Bulgaria

Journal of Financial Crime, 2020
Purpose Using Bulgarian legislation on civil confiscation and analysing the nature of the substantive authority to confiscate unexplained wealth, as well as evaluating research in common and continental law, this paper aims to seek historic parallels for non-punitive civil confiscation of unexplained wealth. Design/methodology/approach The design of
Todor Kolarov
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Some Legal Aspects of the Confiscation Acts of the Civil War

American Historical Review, 1912
IT is the purpose of this article to examine some of the legal problems involved in the enforcement of the federal confiscation acts during the Civil War. So questionable a war measure as the general confiscation of the enemy's private property naturally encountered opposition, and it should not be a matter for surprise that the enactment of these laws
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A New Right to Property: Civil War Confiscation in the Reconstruction Supreme Court

Journal of Supreme Court History, 2004
During the Civil War, both the Union Congress and the Confederate Congress put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. Meeting in special session in August 1861, the U.S. Congress passed the First Confiscation Act, authorizing the federal government to seize the property of ...
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FOR THE "CIVIL CONFISCATION" OF ILLEGALLY ACQUIRED PROPERTY AND THE ENGEL CRITERIA

15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. Conference Proceedings of the National Round Table, 2022
This article aims to analyze civil confiscation in the context of the ECtHR's autonomous interpretation of the concept of "criminal charge". In this regard, the approved algorithm for verification is subjected and an assessment is made whether the so-called "civil confiscation" is criminal in nature.
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