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Asset forfeiture is a relatively new concept in law with a highly complex procedure.
The Asset Forfeiture Unit in the office of the National Director of Public Prosecutions is a highly specialised Unit in South Africa. The Unit aggressively seeks to forfeit property tainted by criminal activity to the state.
There are two types of asset forfeiture in South Africa, namely Criminal Forfeiture and Civil Forfeiture.
Criminal Forfeiture
In Criminal Forfeiture it is essential that a criminal trial takes place in the matter and the suspect is indeed convicted. In such a case the State may seize all the suspect’s property up to the value of the benefit.
Civil Forfeiture
In Civil Forfeiture it is not essential that a criminal trial takes place in the matter and therefore the suspect need not be convicted. In such a case the State may seize only the property which represents the proceeds of crime or an instrumentality of an offence.
Services
The following services are provided in this highly specialised area of law:
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