영국법상 범죄수익 환수를 위한 재산출처 제시명령(Unexplained Wealth Order)에 관한 연구

• 영문명: A Study on the Unexplained Wealth Order for the Return of Crime Proceeds under United Kingdom Law
• 발행기관: 충북대학교 법학연구소
• 저자명: 이영돈
• 간행물 정보: 『법학연구』第34卷 第1號, 173~195쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

Among the motives for crime, economic crimes for economic benefit account for the majority. Therefore, in order to secure the deterrence of crime and realize the justice of criminal justice, it is urgently necessary to recover criminal proceeds. Failure to properly recover criminal proceeds can cause a relative sense of deprivation to the general public who comply with the law, thereby diluting the sense of compliance. In this study, the background, related regulations, and application cases of the Unexplained Wealth Order introduced under the Criminal Finance Act 2017 were reviewed to systematically support the proof of criminal proceeds in the UK. UWO is an order that requires law enforcement agencies to provide specific information, including “explain to the defendant how the property was acquired.” If the Defendant does not comply with the UWO, the relevant property may be subject to civil recovery. UWO is not an independent civil confiscation system, but it is meaningful in terms of a system that facilitates civil recovery by changing the burden of proof. Currently, our individual laws have a pre-indictment confiscation preservation order system to facilitate the recovery of criminal proceeds for suspects. If the confiscation preservation order system is actively used before prosecution, the possibility of introducing the UWO system will not be high. However, for crimes that require the recovery of criminal proceeds in the future, such as money laundering and organized crimes, there is room to carefully review whether the principle of presumption of innocence is violated and partially consider the introduction of the UWO system. Therefore, in order to introduce such a system, first of all, the disclosure of statistics on the recovery of criminal proceeds and the discussion on the problem of the recovery of criminal proceeds under our law must be activated.

목차

Ⅰ. 서론

Ⅱ. 영국의 범죄수익환수 관련 법률

Ⅲ. 재산출처 제시명령(Unexplained Wealth Order)

Ⅳ. 재산출처 제시명령 제도의 도입가능성 검토

Ⅴ. 결론

키워드

재산출처 제시명령 범죄수익 범죄수익 환수 범죄수익환수법 형사재정법 Unexplained Wealth Order(UWO) Crime Proceeds Proceeds of Crime Act Crime Finances Act 2017 Civil Recovery of Crime Proceeds