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Edited Legal Collections Data |
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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