In the Netherlands there have been efforts in recent years to confiscate money that has been earned in criminal activities when the criminals have been arrested and tried. Usually this relates to drugs, fraud and similar crimes, where millions were amassed. This to hit them where it hurts most: in their wallet. So far, justice had to proof that the money had indeed been earned by criminal activities, which is obviously not so easy. Now, this morning I read in the news that one of our christian democrat brothers had the brilliant idea that it would be much more efficient and effective if the proof is to be reversed, that is, the criminal has to proof that the money is obtained in a legal way, otherwise it will be confiscated.Does anyone else think this is a step in a very wrong direction? Guilty unless you can proof your innocence? Of course it makes crime-tackling more effective and efficient, but since when should those be the prime objectives of the legal system, and not justice?
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It comes down to the frustration of the people. People see that society appears to be falling apart and that criminals are running rampant, thumbing their noses at the law. That the attorneys of those who are criminals use the law to protect their clients (as that is their job).However guilt before proven innocent is certainly something that most Western nations ended sometime after the Enlightenment. To force someone to prove that their wealth was amassed lawfully is a stretch in any system.
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Someone correct me if I am wrong but isn't that the way the Ricco law works? Once you are accused they take everything then once you prove to the court's satisfaction that your property was obtained without any illeagle funds then it is returned.
Former Delegate of The South Pacific