Asset freezing before criminal guilt

Abstract

The issue of permitting confiscation orders for assets linked to crime before a trial involves a nuanced balance between law enforcement objectives and human rights considerations. Advocates argue that allowing pre-trial confiscation orders can prevent individuals involved in criminal activities from disposing of their illicit assets, ensuring that the proceeds of crime are preserved for potential restitution or penalties. Additionally, the anticipation of pre-trial confiscation may act as a deterrent, dissuading individuals from participating in criminal activities due to the risk of having their assets seized before a trial. Pre-trial confiscation can also enhance law enforcement effectiveness by swiftly addressing and neutralizing the financial aspects of criminal enterprises.