Magister Legum - LLM / The aim of this research paper is to examine the legal framework for the recovery of corruptly-acquired assets, with particular emphasis on the Nigerian situation. Its primary focus is a detailed examination of the legal mechanisms for the recovery of such assets in the context of international asset recovery. Despite the success of the Nigerian government in recovering the Abacha loot,8 siphoning off of public funds by public office holders continues, and charges of fraud persist against top bank executives alleged to have converted depositors’ funds fraudulently. The prevailing criminal or conviction-based forfeiture mechanism in Nigeria appears inadequate to deal effectively with these situations. The need to enhance capacity through the adoption of civil or non-conviction based forfeiture laws therefore becomes imperative. / South Africa

Magister Legum - LLM

由於政經環境之變遷、公司治理的缺漏和外部監理機制之失調，常導致重大金融犯罪之發生，與其惡害卻由全民負擔之不公現象。於是除嚴刑峻罰外，奠基於任何人均不得從犯罪中獲利之犯罪所得剝奪理念與制度設計，遂於二ＯＯ四年金融七法修法時被廣泛納入。惟歷經一段期間之適用後，其法實效性如何？有無源於其他刑事法制無從配合，或囿於司法實務判解之困頓，所導致的扞格？部分國際公約與其他國家之相關法制設計及運作理念，有無值得比較、參研之處，均殊值探研。 　　本文嘗試先掌握金融犯罪之特性，與近來金融犯罪防制法規之演變。其次，再就我國犯罪所得剝奪法制沿革、犯罪所得之界定、計算為研析，並探索犯罪所得剝奪法制在預防、打擊與抗制金融犯罪等之必要性，以及其應通過之憲法基權保障檢驗。再者，則希能透過偵審案例，探究研現階段我國金融犯罪防制法規，在犯罪所得之暫時保全與終局剝奪上所面臨之實務困境及問題；並瞭解部分重要之國際公約與美、英、日等國家有關法制之設計。最後，則期能歸結相關問題與爭議，並融合法制建構、實務運作、外國法制借鏡等數個層面，提出可能之解決途徑或修法建議。 / Political and economic changes, incomplete of corporate governance, and imbalance of external supervision mechanism are all reasons for occurrence of major financial fraud. The losses and costs of major financial fraud, in general, are always enormous. Unfortunately, most people, instead of offenders, need to bear the huge losses. As a result, except the strategy of severe punishment, the idea and regulations on deprivation proceeds of crime were introduced to combat these problems in 2004. However, after a period of practicing, how about the application and practice of regulations on deprivation proceeds of crime is. Therefore, we are concerned about: are there any problems or difficulties resulting from criminal legal system and the practice of precedent itself? What we can learn from international conventions and other countries’ similar legal system? The thesis, first of all, attempts to figure out the feature of major financial fraud and the changes of financial regulations. Secondly, we try to explore the history of regulations on deprivation proceeds of crime, the definition and the calculation of proceeds of crime, and whether the regulations on deprivation proceeds of crime are essential for preventing and against major financial fraud or not. Meanwhile, in order to guarantee and protect the fundamental rights of people, we also hope to exam the regulations on deprivation proceeds of crime by the concepts of constitution. In additions, according to the case study, the thesis also longs for exploring what are the practical problems and dilemmas for current regulations on temporary seizure and final forfeiture procedures. At the same time, comparing with the international conventions and other countries’ similar legal system on laundering, search, freeze, seizure and confiscation of the proceeds from crime is also important and useful for this study. Finally, after concluding the relative problems and debates about this topic, of course, the paper hopes to propose a possible approach or legal amendment by integrating legal system modification, legal practice, and foreign legal system.

This thesis explores the influences of provincial grant programs on Canadian streetscape camera systems. Using qualitative interviews (N=32) and document analysis, the study explores the policymaking processes and outcomes of six Ontario cities that have engaged with the Civil Remedies and Proceeds of Crime grants. Grant programs have not only provided the financial support to facilitate the establishment or expansion of camera systems, but they have also encouraged particular patterns of implementation, design and operation of Canadian streetscape systems through the processes and conditions of the grant program, as well as through the encouragement of regional networking, policy learning and policy diffusion via policy tourism. While the Civil Remedies and Proceeds of Crime grants have influenced some similarities in streetscape camera systems, variation exists, particularly concerning privacy policies, due to idiosyncratic interpretation and adoption of diffused policies and an ambiguous and unclear privacy protection framework. / Graduate / 0626 / 0627 / dennymah@uvic.ca

The treatment of life insurance policies in deceased estates and the effect thereof on marriages in community of property is the cause of various problems for executors. In terms of section 3(3) of the Estate Duty Act 45 of 1955 life insurance policies are deemed to be assets of the deceased. Consequently life insurance policies are reflected in the estate duty addendum of the deceased estate. Life insurance policies however are not always reflected in the liquidation account of the deceased estate as assets, notwithstanding the fact that life insurance policies are deemed to be assets for estate duty purposes. In this regard a distinction should be made between two situations: firstly where life insurance policies are reflected in the liquidation account of the insured estate and secondly where life insurance policies are not reflected in the liquidation account of the insured. For spouses married in community of property this creates a problem especially when you keep in mind that life insurance policies are in many instances a person's biggest monetary asset. When life insurance policies are reflected in the liquidation account of the insured, the surviving spouse has a claim on half of the policy proceeds. When life insurance policies are not reflected in the liquidation account of the insured, the surviving spouse has no claim on the policy proceeds. The problem that arises in this regard is that there is no certainty as to what extent life insurance policies should be included in the calculation of estate duty, and how these policies must be reflected in the estate of the deceased. This uncertainty has been perpetuated by courts. This research will illustrate how the courts came to different conclusions where the facts were more or less similar. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.

The treatment of life insurance policies in deceased estates and the effect thereof on marriages in community of property is the cause of various problems for executors. In terms of section 3(3) of the Estate Duty Act 45 of 1955 life insurance policies are deemed to be assets of the deceased. Consequently life insurance policies are reflected in the estate duty addendum of the deceased estate. Life insurance policies however are not always reflected in the liquidation account of the deceased estate as assets, notwithstanding the fact that life insurance policies are deemed to be assets for estate duty purposes. In this regard a distinction should be made between two situations: firstly where life insurance policies are reflected in the liquidation account of the insured estate and secondly where life insurance policies are not reflected in the liquidation account of the insured. For spouses married in community of property this creates a problem especially when you keep in mind that life insurance policies are in many instances a person's biggest monetary asset. When life insurance policies are reflected in the liquidation account of the insured, the surviving spouse has a claim on half of the policy proceeds. When life insurance policies are not reflected in the liquidation account of the insured, the surviving spouse has no claim on the policy proceeds. The problem that arises in this regard is that there is no certainty as to what extent life insurance policies should be included in the calculation of estate duty, and how these policies must be reflected in the estate of the deceased. This uncertainty has been perpetuated by courts. This research will illustrate how the courts came to different conclusions where the facts were more or less similar. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.

Magister Legum - LLM (Criminal Justice and Procedure) / In the early 1990s Botswana faced rising levels of grand corruption and economic crimes in general. The laws could not cope with the high incidence of economic criminality, especially as regards the confiscation of dirty assets. At the time, the government relied solely on laws regulating the forfeiture of prohibited property and instruments of crime, given that there were no laws authorising the confiscation of proceeds of crime. The drivers of the said forfeiture laws are the Director of Public Prosecutions (DPP), the Botswana Police Service (BPS) and the Botswana Unified Revenue Service (BURS). Parliament then enacted the Proceeds of Serious Crime Act No. 19 of 1990 (PSCA). The PSCA was a three-pronged tool in that it introduced the offence of money-laundering, enhanced investigative powers, and authorised conviction-based confiscation of proceeds of crime. The DPP was tasked with conducting criminal prosecutions and applying for confiscation orders. The BPS was mandated to conduct financial investigations.

The subject of my thesis is the identification and subsequent comparison of legal instruments which are intended to fight against legalization of proceeds of crime, which is also referred to as money laundering, in the Czech Republic and in the Federal Republic of Germany. The first chapter is to familiarize the reader with the issue of money laundering, therefore it provides the definition of the phenomenon of money laundering and also describes the typical phases of this process. The second chapter is devoted to international institutions that deal with money laundering on the supranational level and whose activities are then reflected in international standards. The third chapter deals with legislation related to the fight against legalization of proceeds of crime in the Czech Republic. First I focus on the history of the development of the struggle against money laundering in the country and subsequently describe particular laws designed to regulate the rights and obligations relating to the effective fight against this phenomenon. Further I describe particular obligations that fall on subjects, which may be confronted with efforts to launder money within its activities, and characterize individual institutions that are involved in the fight against money laundering. The fourth chapter is...

The dissertation thesis thoroughly examines the crime of legalization of proceeds of criminal activities (the crime of money laundering) as it is stipulated in the contemporary Czech Criminal Code. The crux of the thesis is an analysis of the most significant elements of the crime of money laundering that are legal objects (general values protected by criminal law), actus reus (physical elements of a crime), mens rea (mental elements of a crime) and offender (person who commits a crime). Within the framework of that analysis, all of the important and disputed questions relating to this crime are examined, e.g. a complex problem of legal objects of the crime of money laundering or a question of liability for so-called self-money laundering. The detailed analysis of the elements of the crime of money laundering is based on a research into the most important phenomenological aspects of money laundering (chiefly the grounds for money laundering, origin of money laundering and nature of the process of money laundering, including the means of realization of money laundering) and a research into the historical development of the elements of the crime of money laundering in the Czech legal order. Apart from an analysis of the matter of guilt, the dissertation thesis also consists of a relatively in-depth...

The Master’s thesis in it’s introductory parts deal with theoretic piece of knowledge from areas internal Internet purchase and E-auction. A second part of thesis is formed of a present condition of a company. In a third, the fundamental part, is submitted proposal solving of E-auction for the company Siemens Industrial Turbomachinery, Ltd.