• Login
    View Item 
    •   NWU-IR Home
    • Journals
    • PER: Potchefstroom Electronic Law Journal
    • PER: 2014 Volume 17 No 3
    • View Item
    •   NWU-IR Home
    • Journals
    • PER: Potchefstroom Electronic Law Journal
    • PER: 2014 Volume 17 No 3
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    The law and practice of criminal asset forfeiture in South African criminal procedure: a constitutional dilemma

    Thumbnail
    View/Open
    2014(17)3Basdeo.pdf (247.7Kb)
    Date
    2014
    Author
    Basdeo, Vinesh
    Metadata
    Show full item record
    Abstract
    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?
    URI
    http://hdl.handle.net/10394/12994
    Collections
    • PER: 2014 Volume 17 No 3 [11]

    Copyright © North-West University
    Contact Us | Send Feedback
    Theme by 
    Atmire NV
     

     

    Browse

    All of NWU-IR Communities & CollectionsBy Issue DateAuthorsTitlesSubjectsAdvisor/SupervisorThesis TypeThis CollectionBy Issue DateAuthorsTitlesSubjectsAdvisor/SupervisorThesis Type

    My Account

    LoginRegister

    Copyright © North-West University
    Contact Us | Send Feedback
    Theme by 
    Atmire NV