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Do the UK's Provisions for Confiscation Orders Breach the European Convention on Human Rights

Do the UK's Provisions for Confiscation Orders Breach the European Convention on Human Rights For just over a decade now, it has been a principle enshrined in UK legislation that a criminal should not be allowed to retain the proceeds of his offences. The main impetus was the theory that if crime genuinely did not pay, there would be no incentive to commit it and therefore that the confiscation of the proceeds would prove a greater deterrent than a mere sentence of imprisonment. There was also the view, strongly supported by the public, that those who commit serious crimes should not be able simply to sit out a given length of time in prison certain in the knowledge that when they came out, they could look forward to a comfortable existence on their illgotten gains. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Financial Crime Emerald Publishing

Do the UK's Provisions for Confiscation Orders Breach the European Convention on Human Rights

Alexander, Richard
Journal of Financial Crime , Volume 5 (4): 8 – Feb 1, 1998
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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1359-0790
DOI
10.1108/eb025849
Publisher site
See Article on Publisher Site

Abstract

For just over a decade now, it has been a principle enshrined in UK legislation that a criminal should not be allowed to retain the proceeds of his offences. The main impetus was the theory that if crime genuinely did not pay, there would be no incentive to commit it and therefore that the confiscation of the proceeds would prove a greater deterrent than a mere sentence of imprisonment. There was also the view, strongly supported by the public, that those who commit serious crimes should not be able simply to sit out a given length of time in prison certain in the knowledge that when they came out, they could look forward to a comfortable existence on their illgotten gains.

Journal

Journal of Financial Crime – Emerald Publishing

Published: Feb 1, 1998

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