在坦桑尼亚没收犯罪所得财产是否符合宪法?

Q3 Social Sciences
A.O.J. Kaniki
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引用次数: 0

摘要

资产追回涉及没收犯罪所得财产,被认为是打击境内外严重和有组织犯罪的有效机制。这是一种范式的转变,从刑法和政策制定机构只关注人,也关注他们的思想财产。目前的法律立场是,坦桑尼亚的资产追回是基于定罪的。这意味着在没收命令发出之前必须先对被告定罪。如果按照预期执行,该机制会剥夺罪犯的不义之财,从而打击他们的痛处。所有这一切都是为了确保罪犯不能享受其犯罪行为的成果,这是一种威慑,也是国家压制导致非法活动的条件的一种尝试。它破坏犯罪活动,防止利用犯罪收益再投资于其他形式的犯罪的可能性。坦桑尼亚有一个处理没收犯罪所得资产的法律和体制框架。然而,本文探讨的基本问题是该框架是否符合人权。为了回答这个问题,讨论着眼于该国宪法中关于资产追回法律制度的《权利法案》的规定,并询问后者是否反映了这些宪法规定。尽管在执行关于追回资产的法律规定的过程中明显存在一些限制,但该条的结论是,所有坦桑尼亚人,包括嫌疑犯在内,在法律面前都受到平等对待。因此,他们都应享有《宪法》所载的权利和自由。那些感到委屈的人可以通过一些途径提出申诉。关键词:没收;非法所得财产;隐瞒犯罪所得;宪法;遵守人权
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Is the forfeiture of criminally-acquired property in Tanzania compliant with the Constitution?
SUMMARY Asset recovery, which involves the forfeiture of criminally-acquired property, is considered to be an effective mechanism of addressing serious and organised crime within national boundaries and across international frontiers. This is a paradigm shift from penal law and policy-making bodies of concentrating on persons only to also address their minds to property. The current legal position is that asset recovery in Tanzania is conviction based. This means that forfeiture orders must be preceded by the conviction of an accused. When carried out as expected, the mechanism has an impact of depriving criminals of their ill-gotten wealth, thereby striking them at a point where it hurts most. All this is aimed at ensuring that the convict is denied the enjoyment of the fruits of his criminal acts, serving as a deterrent and an attempt by the state to suppress the conditions that lead to unlawful activities. It disrupts criminal activities and prevents the possibilities of using the proceeds of crime to reinvest in other forms of crime. Tanzania has a legal and institutional framework that deals with the forfeiture of criminally-acquired assets. However, the basic question into which this article enquires is whether this framework is human rights compliant. To respond to this question, the discussion looks at the provisions of the Bill of Rights as entrenched in the country's Constitution in relation to the asset recovery legal regime and inquires whether the latter reflects those constitutional provisions. Despite some limitations that are apparent in the course of enforcing legal provisions on asset recovery, the article concludes that all Tanzanians, including suspects, are treated equally before the law. As such, they are all expected to enjoy the rights and freedoms that are contained in the Constitution. There are avenues through which those who feel aggrieved can pursue their complaints. Key words: forfeiture; illegally-acquired property; concealing profits from crime; Constitution; human rights compliance
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来源期刊
African Human Rights Law Journal
African Human Rights Law Journal Social Sciences-Social Sciences (miscellaneous)
CiteScore
1.00
自引率
0.00%
发文量
15
审稿时长
24 weeks
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