- Title
- Confiscation orders in terms of the prevention of Organised Crime Act
- Title
- Confiscation orders in terms of the prevention of Organised Crime Act 121 of 1998
- Creator
- Juicy, Gavin Winston Bill
- Subject
- Forfeiture -- South Africa
- Subject
- Organized crime -- South Africa -- Prevention
- Date Issued
- 2008
- Date
- 2008
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- vital:10169
- Identifier
- http://hdl.handle.net/10948/750
- Identifier
- Forfeiture -- South Africa
- Identifier
- Organized crime -- South Africa -- Prevention
- Description
- The Prevention of Organised Crime Act brought major changes to the South African criminal law context. Through the Act, major confiscatory provisions were established. The Act does not only target convicted criminals, but also any person who is in possession of tainted property that was used in the commission of offences. Civil forfeiture is the most widely used procedure in forfeiture proceedings. In the dissertation the effectiveness of criminal and civil confiscation is outlined. The historical development of confiscation and forfeiture provisions in South African is discussed with reference to the common law, legislation and international instruments and how international developments have influenced local development. This treatise consist of an overview of the confiscation provisions in the Prevention of Organised Act 121 of 1998 as one of the measures the South African legislature put in place to deal with organised crime. Since the Prevention of Organised Crime Act was passed, the courts have given meaning to what is an instrumentality of an offence and the proceeds of unlawful activities as a measure to counter organised crime. This treatise refers to those cases given the definition of an instrumentality of an offence and the proceeds of unlawful activities. For the purpose of effectively dealing with organised crime, this treatise contains a discussion on the effectiveness of criminal and civil confiscation procedure. The justification for asset forfeiture is outlined.
- Format
- iii, 63 leaves
- Format
- Publisher
- Nelson Mandela Metropolitan University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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NMMU Department of Criminal and Procedural Law
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