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.
Original language | English |
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Article number | hmad006 |
Pages (from-to) | 1-14 |
Number of pages | 14 |
Journal | Statute Law Review |
Volume | 44 |
Issue number | 3 |
Early online date | 7 Oct 2023 |
DOIs | |
Publication status | E-pub ahead of print - 7 Oct 2023 |