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Civil Forfeiture
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Civil and criminal law Legal systems distinguish between criminal and civil proceedings. Criminal prosecutions regulate crimes against society as a whole or against the government. Penalties for conviction of a violation of a criminal law typically include being sent to prison, jail or some other form of incarceration. Civil litigation involves disputes either betw ...
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Confiscation
Confiscation (from the Latin ''confiscatio'' "to consign to the ''fiscus'', i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law. Scope As a punishment, it differs from a fine in that it is not primarily meant to match the crime but rather reattributes the criminal's ill-gotten spoils (often as a complement to the actual punishment for the crime itself; still common with various kinds of contraband, such as protected living organisms) to the community or even aims to rob them of their socio-economic status, in the extreme case reducing them to utter poverty, or if he or she is condemned to death even denies them the power to bequeath inheritance to their legal heirs. Meanwhile, limited confiscation is often in function of the crime, the rationale being that the criminal must be denied the fru ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a ''sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to ac ...
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High Court Of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office ''ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the L ...
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Lord Advocate
His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. They are the chief public prosecutor for Scotland and all prosecutions on indictment are conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The officeholder is one of the Great Officers of State of Scotland. The current Lord Advocate is Dorothy Bain KC, who was nominated by First Minister Nicola Sturgeon in June 2021. History The office of Advocate to the monarch is an ancient one. The first recognised Lord Advocate was esteemed legal scholar and philosopher Sir Ross Grimley of Goldenacre, recorded in 1483 as serving King James III. At this time the post was generally called the King's Advocate and only in the year 1573 was the term "Lo ...
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National Crime Agency
The National Crime Agency (NCA) is a national law enforcement agency in the United Kingdom. It is the UK's lead agency against organised crime; human, weapon and drug trafficking; cybercrime; and economic crime that goes across regional and international borders; but it can be tasked to investigate any crime. The NCA has a strategic role as part of which it looks at serious crime in aggregate across the UK, especially analysing how organised criminals are operating and how they can be disrupted. To do this, it works closely with regional organised crime units (ROCUs), local police forces, and other government departments and agencies. It is the UK's point of contact for foreign agencies such as Interpol, Europol and other international law enforcement agencies. On a day-to-day basis, the NCA assists police forces and other law enforcement agencies (and vice versa) under voluntary assistance arrangements. In extremis, the NCA Director General has the power to direct a chief o ...
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Civil Recovery
Civil recovery is the method in some legal systems employed to recover the proceeds of crime, instead of, or in addition to, criminal. Many retailers, or agents acting on their behalf, utilize civil recovery to recover the value of property (including intellectual property) obtained through unlawful conduct (i.e. theft, burglary, larceny, fraud etc.). In these cases, police action is not a prerequisite to the civil demand for damages by the retailer. The civil demand can be, and often is, made and settled before a civil lawsuit is filed against the shoplifter in the appropriate civil court. Non-conviction based asset recovery powers are available in some jurisdictions where it is not considered feasible to secure a criminal conviction or a criminal conviction has been obtained but no confiscation order made. These powers are often used in more serious cases of money laundering, organised crime or drug trafficking. Proponents of civil recovery say it is important to recover the co ...
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Magistrates' Court (England And Wales)
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980. All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. Indictable only offences, on the other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that there is a case to answer, they are committed to the Crown Court, which has ...
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Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and Wales. The Crown Court sits in around 92 locations in England and Wales. The administration of the Crown Court is conducted by the Courts and Tribunals Service (HMCTS). Previously conducted across six circuits ( Midland, Northern, North Eastern, South Eastern, Wales & Chester and Western), HMCTS is now divided into seven regions; Midlands, North East, North West, South East, South West, London, and Wales. The Wales region was identified separately, having regard to the devolved legislative powers of the Welsh Government. When the Crown Court sits in the City of London it is known as the Central Criminal Court or "Old Bailey"; this Court locus was established by its own Act of Parliament and serves as the predominant venue for the mos ...
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Proceeds Of Crime Act 2002
The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK. Background The act was enacted following the publication on 14 June 2000 of new government policy as set out in the Performance and Innovation Unit's report "Recovering the Proceeds of Crime". It deals with a wide range of matters relevant to UK law on proceeds of crime issues. These include confiscation orders against convicted individuals (requiring payment to the State based upon the benefit obtained from their crimes), civil recovery of proceeds of crime from unconvicted individuals, taxation of profits generated from crime, UK anti-money laundering legislation, powers of investigation into suspected proceeds of crime offences, and international co-operation by UK law enforcement agencies against money laundering. The Act has been ...
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EurActiv
Euractiv (styled EURACTIV) is a pan-European news website specialised in EU policies, founded in 1999 by the French media publisher Christophe Leclercq. Its headquarters and central editorial staff are located in Brussels,with further offices in Paris and Berlin. Its content is produced by about 50 journalists staffed in Belgium, Bulgaria, the Czech Republic, France, Germany, Greece, Italy, Poland, Romania, Serbia, and Slovakia. EURACTIV's reporting focuses on the pre-legislative stage of EU decision-making, with up to 2,750 articles translated per year. In addition to EURACTIV's editorial team, the company has established partnerships with media outlets such as Der Tagesspiegel, Agencia EFE and Ouest-France. EURACTIV has diversified sources of funding, as the company seeks private and public revenues to run its business. In 2019, about a fifth of EURACTIV's income came from public sources, including the EU. Other sources of revenue are advertising and corporate sponsoring. Ke ...
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