Criminal Forfeiture

Criminal Forfeiture

The loss of a criminal defendant's rights to property which is confiscated by the government when the property was used in the commission of a crime. The seizure by law enforcement officers of an automobile used in the transportation of illegal narcotics is a criminal forfeiture.

Property that is subject to criminal Forfeiture is taken from its owner without any compensation being made because of its use in illegal conduct. The taking of such property by the government is an exception to the principles of condemnation provided that the item is seized and retained as a result of the valid exercise of the Police Power of the state or pursuant to constitutional federal statutes.

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References in periodicals archive ?
32(d)(2) ("[w)hen a verdict contains a finding of criminal forfeiture, the judgment must authorize the Attorney General to seize the interest or property subject to forfeiture on terms that the court considers proper").
McCaslin (decided in a federal district court in Washington state), will force prosecutors to pursue either a criminal forfeiture (if the defendant is found guilty) or a civil forfeiture without criminal prosecution.
The Bairds consented to criminal forfeiture of $200,000 and approximately 700 acres of land -- which includes their residence and former dog and cat kennels -- in Sharp County, Arkansas, valued at $1.
Lawmakers decided the proceeds gained in a criminal forfeiture would be shared - 40 percent for drug treatment, 40 percent for law enforcement and 20 percent for state programs.
Allowing the government to seize property only under criminal forfeiture statutes would protect a claimant's constitutional rights.
the United States, a criminal forfeiture case, the government seized an entire chain of adult book stores and movie theaters based on the presence of a few obscene items.
A general criminal forfeiture provision for intentional crimes has existed in Colombian Penal Law since the 1930s.
After voters passed the restrictions on civil forfeiture, law enforcement agencies asked the Legislature to create a new type of forfeiture - criminal forfeiture.
The 1995 Narcotics Law allows preventive seizures and criminal forfeiture of drug-related assets, and authorizes international cooperation in forfeiture cases.
Presently, only criminal forfeiture is allowed by law.
The Philippines has no comprehensive legislation pertaining to civil and criminal forfeiture.
Both civil and criminal forfeiture are allowed under current legislation.

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