Can Non-Conviction based (NCB) asset forfeiture be compliant with the Rule of Law? (Briefing Paper)
Non Conviction-based (NCB) asset forfeiture (also called 'civil forfeiture') is a powerful tool at the disposal of governments to tacle the proceeds and instrumentalities of crime. While NCB provides some advantages compared to criminal forfeiture, it has also been severely criticised because it undermines key constitutional protections and human rights.
This short briefing paper summarises the research findings from research published here. The project reviews how 'developing country' jurisdictions have implemented NCB in a manner that is compliant with due process and the Rule of law. The research explored the various safeguards that these countries have put in place to avoid undermining due process.