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Confiscation Proceedings and Civil Recovery
2023Abstract 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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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, 2022This 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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Challenges in settling non-conviction based civil confiscation of unexplained wealth
Journal of Money Laundering Control, 2020Purpose The purpose of this paper is to evaluate the benefits and challenges, on the national and international level, associated with the settlement of cases involving non-conviction civil confiscation of unexplained wealth. Design/methodology/approach This paper is centered on evaluation of key aspects of settlement of civil confiscation of ...
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Historic analogs of civil confiscation of unexplained wealth – the case of Bulgaria
Journal of Financial Crime, 2020Purpose 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
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Scientific Research and Development. Economics of the Firm, 2018
The article considers the most effective mechanisms for realizing the confiscation of property as a means of counteracting corruption. The confiscation institute is investigated in its civil, not criminal-legal meaning. The authors of the article paid special attention to the analysis of international legal regulation of various issues of confiscation ...
E. Rueva, A. Aryamov
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The article considers the most effective mechanisms for realizing the confiscation of property as a means of counteracting corruption. The confiscation institute is investigated in its civil, not criminal-legal meaning. The authors of the article paid special attention to the analysis of international legal regulation of various issues of confiscation ...
E. Rueva, A. Aryamov
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Some Legal Aspects of the Confiscation Acts of the Civil War
The American Historical Review, 1912IT 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, 2004During 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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The sales of confiscated properties after the English Civil War in five counties
2018This thesis was digitised by the British Library from microfilm. You can acquire a single copy of this thesis for research purposes by clicking on the padlock icon on the thesis file. Please be aware that the text in the supplied thesis pdf file may not be as clear as text in a thesis that was born digital or digitised directly from paper due to the ...
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