Impact of International Rules of Forfeiture on National Proceedings
Journal of Law and Society Law College Vol. 45, No. 65, January 2014
Posted: 26 Oct 2015
Date Written: 2014
Abstract
Forfeiture is a law enforcement device whereby the property used in or derived from the commission of crime can be temporarily attached or permanently confiscated in favour of the state. The UN sponsored International conventions on terrorism and organised crime lay down certain rules to harmonise national forfeiture proceedings to make them conducive to state cooperation. These include rules relating to reversal of the burden of proof and protection of third party rights. Since the rules established by the conventions are excessively deferential to national law, they are unlikely to produce the requisite harmony. The way forward is to require the monitoring agencies to produce model legislations incorporating universal interpretations of the rules set forth by the conventions.
Keywords: Forfeiture, International Conventions, Terrorism & Organised Crime, Reversal of Burden of Proof, Third Party Rights
JEL Classification: K33, K49
Suggested Citation: Suggested Citation