The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma
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 European Court of Human Rights as a "sco...
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| Format: | Article |
| Language: | Afrikaans |
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North-West University
2014-08-01
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| Series: | Potchefstroom Electronic Law Journal |
| Subjects: | |
| Online Access: | http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no3/2014%2817%293Basdeo.pdf |
| _version_ | 1818204953307512832 |
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| author | Vinesh Basdeo |
| author_facet | Vinesh Basdeo |
| author_sort | Vinesh Basdeo |
| collection | DOAJ |
| description | 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 European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications? |
| first_indexed | 2024-12-12T03:49:25Z |
| format | Article |
| id | doaj.art-9dce83e5f6ac454583a99ad9fb85cb56 |
| institution | Directory Open Access Journal |
| issn | 1727-3781 |
| language | Afrikaans |
| last_indexed | 2024-12-12T03:49:25Z |
| publishDate | 2014-08-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj.art-9dce83e5f6ac454583a99ad9fb85cb562022-12-22T00:39:27ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812014-08-0117310471069http://dx.doi.org/10.4314/pelj.v17i3.06The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional DilemmaVinesh Basdeo0University of South AfricaThe 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 European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no3/2014%2817%293Basdeo.pdfCriminal asset forfeiturecriminal procedureconfiscationevidencerestraint stageconfiscation and realisation stageconstitutionalassets |
| spellingShingle | Vinesh Basdeo The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma Potchefstroom Electronic Law Journal Criminal asset forfeiture criminal procedure confiscation evidence restraint stage confiscation and realisation stage constitutional assets |
| title | The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma |
| title_full | The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma |
| title_fullStr | The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma |
| title_full_unstemmed | The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma |
| title_short | The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma |
| title_sort | law and practice of criminal asset forfeiture in south african criminal procedure a constitutional dilemma |
| topic | Criminal asset forfeiture criminal procedure confiscation evidence restraint stage confiscation and realisation stage constitutional assets |
| url | http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/issuepages/2014volume17no3/2014%2817%293Basdeo.pdf |
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