A Rule of Law Analysis: Botswana’s Non-Conviction-Based Confiscation and Forfeiture Regime Under the Proceeds and Instruments of Crime Act, 2014

IF 0.3 Q3 LAW

Statute Law Review Pub Date : 2023-10-07 DOI:10.1093/slr/hmad006

Gosego Rockfall Lekgowe

引用次数: 0

Abstract

Abstract On its inception, the non-conviction-based asset confiscation and forfeiture regime attracted both praise and criticism. Using the Rule of Law as an analytic framework, this paper evaluates the non-conviction-based asset confiscation and forfeiture regime under Botswana’s Proceeds and Instruments of Crime Act, 2014. The paper finds that whilst the regime has withstood constitutional attacks, it still retains some shortcomings. For instance, there is lack of clarity on the standards of proof, procedures and inadequate protection of third-party rights. The paper recommends reforms.

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法治分析:博茨瓦纳在《犯罪收益和工具法》下的非定罪没收和没收制度，2014

摘要非定罪资产没收制度自诞生之初就受到了褒贬不一的评价。本文以法治为分析框架，评估了博茨瓦纳2014年《犯罪收益和工具法》下的非定罪资产没收和没收制度。论文发现，尽管缅甸政权经受住了宪法的攻击，但它仍然存在一些缺点。例如，举证标准、程序和对第三方权利的保护不够明确。报告建议进行改革。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Statute Law Review LAW-

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0.50

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期刊介绍： The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.