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Comparative Perspectives on Forfeiture Legislation in Europe and the United States

Comparative Perspectives on Forfeiture Legislation in Europe and the United States 342 Michael Kilchling 1 Comparative Perspectives on Forfeiture Legislation in Europe and the United States 1. INTRODUCTION _ ' , As profit-oriented strategies of crime control become increasingly important, the confiscation of assets illegally obtained or suspected of being of illegal origin is considered a decisive tool in the fight against organized crime. This represents an international trend in recent criminal policy. This article is intended to present a selection of findings and conclusions from a com- parative study2 on forfeiture legislation implemented at present in ten European countries (Austria, Belgium, France, Germany, Great Britain, Hungary, Italy, the Netherlands, Nor- way3 and Switzerland) as well as the United States of America.4 Based on an empirical ap- proach, the different provisions have been analysed by a variety of key criteria which provide the material basis for a systematized legal comparison of the different provisions available. However, due to the insufficient availability of valid statistical data, the analysis remains, at most, descriptive. 2. FINDINGS OF A SYSTEMATISED LEGAL COMPARISON All the countries surveyed have specific regulations and statutes that enable prosecution auth- orities to seize and forfeit illegal proceeds which derive from criminal activities, especially with regard to money-laundering and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

Comparative Perspectives on Forfeiture Legislation in Europe and the United States

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Publisher
Brill
Copyright
© 1997 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
DOI
10.1163/157181797X00446
Publisher site
See Article on Publisher Site

Abstract

342 Michael Kilchling 1 Comparative Perspectives on Forfeiture Legislation in Europe and the United States 1. INTRODUCTION _ ' , As profit-oriented strategies of crime control become increasingly important, the confiscation of assets illegally obtained or suspected of being of illegal origin is considered a decisive tool in the fight against organized crime. This represents an international trend in recent criminal policy. This article is intended to present a selection of findings and conclusions from a com- parative study2 on forfeiture legislation implemented at present in ten European countries (Austria, Belgium, France, Germany, Great Britain, Hungary, Italy, the Netherlands, Nor- way3 and Switzerland) as well as the United States of America.4 Based on an empirical ap- proach, the different provisions have been analysed by a variety of key criteria which provide the material basis for a systematized legal comparison of the different provisions available. However, due to the insufficient availability of valid statistical data, the analysis remains, at most, descriptive. 2. FINDINGS OF A SYSTEMATISED LEGAL COMPARISON All the countries surveyed have specific regulations and statutes that enable prosecution auth- orities to seize and forfeit illegal proceeds which derive from criminal activities, especially with regard to money-laundering and

Journal

European Journal of Crime, Criminal Law and Criminal Justice – Brill

Published: Jan 1, 1997

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