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.[1] 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.[2] 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?
 
 
 
 
Highlights
The practice of criminal asset forfeiture does raise a serious impasse between public interest and constitutional rights
In this article it is submitted that in circumstances where criminal asset forfeiture is employed as a law enforcement tool, the fulfilment by the state of its public responsibility results in a conflict between its public responsibility and its responsibility to respect the individual rights of persons whose property are subjected to asset forfeiture proceedings
3 Concluding remarks and recommendations In South Africa criminal asset forfeiture law is an integral part of criminal law enforcement
Summary
The practice of criminal asset forfeiture does raise a serious impasse between public interest and constitutional rights. At the root of the tension pertaining to criminal asset forfeiture are certain principles which are generally accepted in societies that embrace liberal democratic values. This is of vital importance in South Africa, a country intensely threatened by organised crime.[4]
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.