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Godinho, Jorge A.F. --- "Civil Confiscation of Proceeds of Crime: A View from Macau" [2009] ELECD 227; in Young, N.M. Simon (ed), "Civil Forfeiture of Criminal Property" (Edward Elgar Publishing, 2009)

Book Title: Civil Forfeiture of Criminal Property

Editor(s): Young, N.M. Simon

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208262

Section: Chapter 11

Section Title: Civil Confiscation of Proceeds of Crime: A View from Macau

Author(s): Godinho, Jorge A.F.

Number of pages: 14

Extract:

11. Civil confiscation of proceeds of
crime: a view from Macau
Jorge A.F. Godinho

INTRODUCTION
Having noticed the title of this text, a reader familiar with the legal system of
Macau in general,1 and its criminal law in particular,2 may wonder what its
useful purpose is, and immediately remark that to consider civil confiscation
or civil forfeiture of proceeds of crime in connection with the legal system of
Macau is to write about something that simply does not exist. And such remark
would of course be accurate.
This therefore could be an extremely short and laconic chapter, which
would simply inform the reader that there is no such thing in the laws of the
Macau SAR and that, furthermore, the issue is so unfamiliar to lawyers trained
in the civil law tradition that most probably have never heard of it. It is highly
likely that anyone questioning the legal professions and the legal academics of
Macau as to what is their opinion regarding the issue of civil confiscation


1 For an overview, see J. Godinho (2007), Macau business law and legal
system, Hong Kong: Lexis Nexis, chapter I; see also the writings of various authors in
(2007), Repertório do direito de Macau, Macau: University of Macau.
2 The main source is the 1995 Penal Code (hereinafter Code), approved by
Decree-Law no. 58/95/M, of 14 November, which entered into force 1 January 1996.
The Code is clearly influenced by the German Penal Code (the ...


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