Boekhandel Douwes Den Haag

Oxford Monographs on Criminal Law and Justice

Civil Recovery of Criminal Property

Jennifer Hendry & Colin King

Civil Recovery of Criminal Property

Oxford Monographs on Criminal Law and Justice

Civil Recovery of Criminal Property

Oxford Monographs on Criminal Law and Justice: Civil Recovery of Criminal Property

 

Civil Recovery of Criminal Property analyses the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales in depth. By interviewing practitioners engaged with civil recovery proceedings, this book remedies the previous lack of empirical engagement with the operation of civil recovery in practice.


Nog te verschijnen

€ 126,00

Bezorgen: Zodra beschikbaar


Beschrijving Oxford Monographs on Criminal Law and Justice: Civil Recovery of Criminal Property

'Follow-the-money' approaches are increasingly being adopted to tackle organised crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in
Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework,
judicial reception, and case law development. It leads the argument that civil recovery — like other civil/criminal hybrids — straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights.

Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a wide-ranging analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its
supposed pragmatism in tackling the problem of serious and organised crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.


ISBN
9780198824251
Pagina's
248
Verschijnt
Serie
Oxford Monographs on Criminal Law and Justice
NUR
300
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

Literatuur