What are the right of confiscation and seizure, Business Law and Ethics

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UNCTOC gives the right of Confiscation and Seizure to individual states.

" 1. States Parties shall adopt, to the greatest extent possible within their domestic legal systems, such measures as may be necessary to enable confiscation of:

(a) Proceeds of crime derived from offences covered by this Convention or Property the value of which corresponds to that of such proceeds;

(b) Property, equipment or other instrumentalities used in or destined for use in offences covered by this Convention.

2. States Parties shall adopt such measures as may be necessary to enable the identification, tracing, freezing or seizure of any item referred to in paragraph 1 of this article for the purpose of eventual confiscation."

UNCTOC has also developed the concept of Mutual Legal Assistance between the states. It is stated in the Article 18 of the convention that, "States Parties shall afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered by this Convention"

 

 

 


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