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Vol 22 No 9 Sept/Oct 2017

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Cover of Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

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The Limits of Asset Confiscation: On the Legitimacy of Extended Appropriation of Criminal Proceeds


ISBN13: 9781509907076
Published: June 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure. More specifically it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property in question and the predicate offence(s) is less obvious.

Particular focus is placed on criminal confiscation and civil recovery. These fairly controversial measures give rise to a number of complex legal issues, but despite this there has been remarkably little discussion, political and/or academic, about the legitimacy of extended appropriation.

The overarching purpose of this book is to provide a comprehensive analysis not only of the nature of extended appropriation and its position within the criminal justice system, but also of the relevant considerations which arguably should be taken into account in order to strike a fair balance between the interests of the state and those of the individual in proceedings. This discussion will stimulate further focus on the legitimacy of asset confiscation as a crime control measure.

Subjects:
Criminal Law
Contents:
1. Introduction
I. The Rise of Extended Appropriation as a Criminal Policy Measure
II. Extended Asset Appropriation and other Forms of Confiscation
III. A Note on Terminology
IV. A Note on Methodology
V. Delimitations
VI. Outline of the Book

2. Extended Criminal Confiscation
I. The Principal Features of Extended Criminal Confiscation
II. Extended Criminal Confiscation in the EU
III. Criminal Confiscation in Norway and Sweden
IV. Criminal Confiscation in England and Wales
V. Summing Up the Comparison

3. Non-Conviction Based Asset Confiscation
I. The Principal Features of Non-Conviction Based Confiscation
II. Non-Conviction Based Confiscation in England and Wales, Ireland and the EU

4. Justifying Asset Confiscation
I. Introduction
II. Justifying Extended Appropriation
III. The Legal Nature of Extended Asset Appropriation

5. Towards a Normative Framework for Assessing Extended Asset Appropriation
I. Exploring the Limits of Extended Asset Appropriation
II. Extended Criminal Confiscation: The Target Area
III. Quantification of Extended Criminal Confiscation Orders-Should Substantive Proportionality Be Required?
IV. Extended Criminal Confiscation: Procedural Safeguards
V. Non-Conviction Based Confiscation: The Target Area
VI. Quantification of Non-Conviction Based Confiscation Orders-Should Substantive Proportionality be Required?
VII. Non-Conviction Based Confiscation: Procedural Safeguards

6. Curtain: Assessing the Feasibility of Extended Appropriation