One of the most likely outcomes of a criminal proceeding in many jurisdictions around the world, including London, is criminal forfeiture. as a law tutor, your students need to have an understanding of what criminal forfeiture is and when and where it applies even as they gain criminal law knowledge. Law tutors London need to go out of their way in ensuring that they deliver comprehensive criminal law lessons to better equip their students, with a topic on criminal forfeiture being part of their lessons.
What is criminal forfeiture?
Criminal forfeiture refers to the acquisition by the local jurisdiction of property previously obtained by criminal proceeds. Varied laws are governing criminal forfeiture from state to state and they also differ concerning the committed crime.
There are some common properties forfeited to the state. some of these properties include buildings and real estate properties, vehicles of different types, and business assets.
Criminal law is usually applied in criminal activities relating to drug trafficking, unlawful gambling, or racketeering.
Where does criminal forfeiture apply?
There are certain areas that criminal applies in serving as punishment for a crime or crimes committed. Below is a list of the areas that criminal forfeiture actively applies;
The principle only applies where existing laws in the given jurisdiction support criminal forfeiture.
Criminal forfeiture becomes applicable in instances where the defendant has already been convicted by a court of law or the criminal proceeding is still ongoing.
When there is sufficient and reliable evidence linking the said property that is to be forfeited to the state. the evidence should justify the deprivation of the owner of the said property simply because of related evidence adduced by the court.
Law tutors London should strive to inform their students of all possible outcomes of criminal proceedings which include criminal forfeiture.