This module is a resource for lecturers

Review and assessment questions

a) What are the key principles of punishment and what does the Organized Crime Convention say about sentencing for serious and organized crime? What is the position of the United Nations on the use of death penalty?

b) List some aggravating and mitigating factors that are considered when selecting an appropriate sentence for an offender.

c) What are the different types of confiscations? What are the key differences between them? What kind of property can be forfeited?

d) Proponents argue that non-conviction-based confiscation, also called civil forfeiture, tactics are necessary to help police fight serious and organized crime. It is seen as a vital and powerful weapon and effective at discouraging criminal activity. Advocates for civil rights, however, suggest that serious instances of abuse in which innocent owners have been victimized should not be ignored. What are the advantages of non-conviction-based confiscation/civil forfeiture? What are the risks?

e) Is confiscation of a house, in which marijuana had been illegally processed an instance of an excessive fine under the condition that there was no evidence that the house had been purchased with the proceeds of an unlawful activity?

f) It is possible to confiscate goods, which used to belong or were transferred to a third party? Why is it important to protect the rights of third parties in confiscation cases?

g) How is value-based confiscation calculated? How and when is it used?

h) What international organizations develop guidelines and provide recommendations related to how to respond to the movement of illicit proceeds and provide recommendations on how they can be seized and confiscated?