U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Comparative Perspectives on Forfeiture Legislation in Europe and the United States

NCJ Number
European Journal of Crime Volume: iminal Law and Criminal Justice Issue: Dated: Pages: 3 (1997)-361
M Kilchling
Date Published
20 pages
This article presents findings and conclusions from a comparative study on forfeiture legislation implemented in 10 European countries and the United States.
All the countries surveyed had specific regulations and statutes that enable prosecution authorities to seize illegal proceeds derived from criminal activities, especially money laundering and other forms of organized crime. Generally, existing regulations were amended to focus specifically on organized crime, although some specially created instruments went beyond existing possibilities. The article reviews general prerequisites for forfeiture, legal character of forfeiture and legal prerequisites, standards of evidence, special requirements for forfeiture, and the practical relevance of the implementation of forfeiture systems. The combination of a separate organizational offense in connection with its own regulation for confiscating an organization's profits, as created in Switzerland and Austria, appears to be an innovative approach from the criminological viewpoint. Notes


No download available