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").
Pleas, plain language and precedent: applicability of Rules 11(f) and 31(e) to criminal forfeiture provisions
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.
Winning by forfeit
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.
Forfeiture dollars to pay for treatment
Allowing the government to seize property only under criminal forfeiture statutes would protect a claimant's constitutional rights.
Remarks of Marvin E. Wolfgang at the Guns and Violence Symposium at Northwestern University School of Law, February 3, 1996
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.
Ill-gotten gains
A general criminal forfeiture provision for intentional crimes has existed in Colombian Penal Law since the 1930s.
Colombia
After voters passed the restrictions on civil forfeiture, law enforcement agencies asked the Legislature to create a new type of forfeiture - criminal forfeiture.
New statute doesn't deter civil seizures
The 1995 Narcotics Law allows preventive seizures and criminal forfeiture of drug-related assets, and authorizes international cooperation in forfeiture cases.
Dominican Republic
Presently, only criminal forfeiture is allowed by law.
Grenada
The Philippines has no comprehensive legislation pertaining to civil and criminal forfeiture.
Philippines
Both civil and criminal forfeiture are allowed under current legislation.
Seychelles

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