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The Burden of Proof in Confiscation Cases: A Comparison between the Netherlands and the United Kingdom in the Light of the European Convention of Human Rights

European Journal of Crime, Criminal Law and Criminal Justice, Vol. 18, pp. 225-236, 2010

12 Pages Posted: 24 Jun 2010  

Tijs Kooijmans

Tilburg University

Date Written: June 21, 2010

Abstract

The Dutch Minister of Justice recently brought a legislative proposal before the Lower House in which a new broadening of the possibilities for deprivation of advantages was proposed. A comparison of Dutch law with the law of the United Kingdom is useful for a proper assessment of the value of the Dutch proposal. For that reason, the possibilities offered by the confiscation order in the United Kingdom are outlined in this paper. Next, it will be examined how, according to the case law of the ECtHR, the imposition of that confiscation order relates to the presumption of innocence as contained in Article 6 ECHR. Afterwards, the case law of the ECtHR will be represented by a Dutch case that shows some similarity to the imposition of the confiscation order in the United Kingdom. Lastly, several conclusions will follow.

Keywords: Criminal law, confiscation order, human rights

Suggested Citation

Kooijmans, Tijs, The Burden of Proof in Confiscation Cases: A Comparison between the Netherlands and the United Kingdom in the Light of the European Convention of Human Rights (June 21, 2010). European Journal of Crime, Criminal Law and Criminal Justice, Vol. 18, pp. 225-236, 2010. Available at SSRN: https://ssrn.com/abstract=1628578

Tijs Kooijmans (Contact Author)

Tilburg University ( email )

PO Box 90153
Tilburg, 5000 LE
Netherlands
+134662254 (Phone)
+134668102 (Fax)

HOME PAGE: http://www.uvt.nl

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