Legal Measures for Targeting the Proceeds of Crime
Edited by Simon N.M. Young
Chapter 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 Strafgesetzbuch of 1871, as amended, especially in 1975). However, the criminal law of Macau suffers...
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