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.
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.