Confiscation Orders: New Powers for Courts to Seize Illicit Gains
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The government has introduced new powers for courts to seize illicit gains made from criminal activities, as part of the Procedural Laws Act 2012. This significant move aims to strengthen anti-crime efforts and disrupt criminal networks.
Confiscation Orders: A New Tool in the Fight Against Crime
Under the new law, a court may make a confiscation order against an individual who has benefited from criminal conduct, including drug trafficking and other serious offenses. The order requires the person to pay back the illicit gains, which can be used to compensate victims of crime or fund anti-crime initiatives.
Key Features of Confiscation Orders
* Seizure of Assets Worth Up to $100,000 without Permission
- Courts can confiscate assets worth up to $100,000 without seeking permission from higher authorities.
- In cases where the confiscated amount exceeds this limit, the court must refer the matter to a judge for further consideration.
Targeting Organized Crime Groups and Individuals
The new powers are designed to target organized crime groups and individuals who have benefited from illegal activities. Courts will have the authority to confiscate assets that were obtained as a result of criminal conduct, including cash, property, and other valuables.
Procedure for Confiscation Orders
In making a confiscation order, courts must first determine whether the individual has benefited from the criminal conduct. If so, they must then determine the amount of the benefit and issue an order requiring the person to pay back the illicit gains.
Determining the Value of Assets
The law introduces new procedures for determining the value of assets that have been obtained as a result of criminal conduct. Courts will be able to consider factors such as:
- The market value of the asset at the time it was obtained
- Its current value if it has increased in value since then
Impact and Effectiveness
The government has hailed the new powers as a major breakthrough in the fight against crime, saying they will help disrupt criminal networks and bring more criminals to justice. The law is expected to come into effect later this year.
This significant move aims to strengthen anti-crime efforts and disrupt criminal networks, making it an important step forward in the country’s efforts to combat crime.