Results 31 to 40 of about 2,344 (160)

Methodology of Effective Seizure and the Confiscation of the Crime Assets

open access: yesBratislava Law Review, 2021
The paper deals with the methods of seizure of property in criminal proceedings and with the individual institutes that may be used for this purpose. This is a form of vademecum of the financial investigation, which is currently one of the priorities of ...
Marek Kordík, František Vojtuš
doaj   +1 more source

Pengembalian Aset pada Tindak Pidana Korupsi Di Maluku Melalui Uang Pengganti

open access: yesJurnal Litigasi, 2023
Corruption is an extraordinary crime in Indonesia. The number of cases that occur and the amount of state financial losses always adorn the news in the mass media and are very disturbing to the public.
Astuti Nur Fadillah   +2 more
doaj  

Hybrid nature of confiscation and remedial purpose of environmental confiscation: there is no breach of the criterion of reasonableness and equality in the failure to provide for the possibility of excluding confiscation in the event of reclamation or restoration of the places following an unlawful infringement. [PDF]

open access: yesLexambiente, 2020
Starting from the judgment no. 15965 of 2020, the contribution analyzes the nature of the institution of confiscation and, specifically, the reparatory purpose of environmental confiscation.
Giuseppe Nuara
doaj  

Asset Recovery in the German Criminal Justice System: Lights and Shadows of the New Regulation of the Confiscation of the Proceeds Of Crime

open access: yesRevista Brasileira de Direito Processual Penal, 2020
In this paper, we intend to examine the highlights of the German Asset Recovery Act (Gesetz zur Reform der strafrechtlichen Vermögensabschöpfung), in force since 1st July 2017.
Ana E. Carrillo del Teso
doaj   +1 more source

The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2014
The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the
Vinesh Basdeo
doaj   +1 more source

Confiscation ordered without a formal conviction and protection of third parties: an interesting conventionally oriented interpretation, with some inspiration for the future

open access: yesLexambiente, 2019
The decision addresses several issues related to the confiscation order ruled by article 44 d.p.r. 380/2001. The Court gives its reasons considering also the last decision of the European Court of Human Rights G.I.E.M. s.r.l. and others v. Italy, and are
Matteo Montorsi
doaj  

Criminal Penalties For Asset Confiscation In Corruption Cases: A Due Process Model Perspective

open access: yesYurisdiksi: Jurnal Wacana Hukum dan Sains
Corruption is an extraordinary crime that causes state financial losses and hinders national development. Therefore, its handling is not sufficient only through the main punishment of imprisonment and fines, but also through the recovery of state assets.
Gatra Setya El Yanda   +2 more
doaj   +1 more source

House Searches and Seizures in Criminal Proceedings

open access: yesUniversity of Vienna Law Review
House searches as well as seizures and confiscations are coercive measures taken by the authorities in criminal proceedings to clarify the suspicion of a criminal offense in order to establish the material truth.
Günther Schaunig
doaj   +1 more source

Confiscation Estonian style: legal and political aspects of potential seizure of Russian assets in EU countries

open access: yesBaltic Region
The possible confiscation of Russian assets by Western countries is one of the serious challenges to modern international law and the system of international relations. Since the greater part of the frozen assets is under the jurisdiction of EU countries,
Voynikov V. V.
doaj   +1 more source

IMPLEMENTATION OF THE PRINCIPLE OF LEGALITY IN THE CONDITIONS OF THE DEVELOPMENT OF THE INSTITUTE OF INTER-SECTORAL CONFISCATION [PDF]

open access: yesLegal Bulletin
The genesis of the institution of confiscation has inevitably affected the fundamental principles of criminal law, particularly the principle of legality.
FALLER G.V.
doaj   +1 more source

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