Lee, Lawrence L.C. --- "The Current Forfeiture Regime in Taiwan" [2009] ELECD 228; 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 12

Section Title: The Current Forfeiture Regime in Taiwan

Author(s): Lee, Lawrence L.C.

Number of pages: 12

Extract:

12. The current forfeiture regime in
Taiwan
Lawrence L.C. Lee

INTRODUCTION
Asset forfeiture has been and remains a highly effective tool for taking the
profit out of crime.1 Crime related to obtaining monetary interests seems to be
a necessary evil which cannot be eliminated. Once money becomes the aim for
crime, the incentives for recidivism are strong. The most effective way to
prevent such crimes is to cut off the temptations for such activities.
The goal of a forfeiture system is to sever the tie between crime and the
motivation to commit crime. Another important goal is to transfer the criminal
interests in property, such as a drug dealer's helicopter or fancy automobile, to
benefit the governmental resources in fighting crime. The dual effects of a
forfeiture regime will therefore cut off the criminal interest in property and
preserve the beneficial outcome for the national authorities. This is one of the
major reasons why most common law countries, such as the United States
(US), have established a forfeiture regime.2
Taiwan's constitution ensures its citizens have the right of property.3 The
government cannot deprive citizens of property without monetary compensa-
tion or legal judicial process. Taiwan currently has a regime for judicial forfei-
ture (criminal forfeiture) and non-judicial forfeiture (detention by the


1 See Department of the Treasury (US) (April 2004), Guide to Equitable
Sharing for Foreign Countries and Federal, State, and Local Law Enforcement
Agencies, Washington DC, US: Executive Office for Asset Forfeiture: ...