Reforming criminal confiscation laws in Kuwait using models from Australia and the United Kingdom: A comparative study on the possibilities and limitations in overcoming the problem of the linkage requirement of conviction-based confiscation in Kuwait

Author: Humoud A A A E Alduwaisan

Alduwaisan, Humoud , 2020 Reforming criminal confiscation laws in Kuwait using models from Australia and the United Kingdom: A comparative study on the possibilities and limitations in overcoming the problem of the linkage requirement of conviction-based confiscation in Kuwait, Flinders University, College of Business, Government and Law

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Abstract

This thesis examines how the laws in Kuwait could be reformed to improve the operation of its approach to confiscating the proceeds of crime. In particular, it examines the possibilities and limitations of rules enabling the confiscation of the proceeds of crime without a need to secure a conviction in Kuwait. The primary aim of this thesis is to provide guidance to the legislature of Kuwait by identifying a general framework for confiscating the proceeds of crime that ensures a reasonable balance between the interests of the state in deterring criminality and recovering the proceeds of crime, and the need to protect the interests and rights of individuals in Kuwait. In so doing, it undertakes a comparative analysis of the approaches adopted in Kuwait, Australia, and the United Kingdom to overcome the requirement of conviction-based confiscation that assets sought to be confiscated, should to be linked to conduct evidenced by a criminal conviction – the so-called ‘linkage requirement’.

The main research question to be answered is, ‘what reforms could be undertaken in Kuwait to ensure that proceeds of crime can be confiscated effectively while safeguarding the rights and interests of the owners of property. In answering this question, the thesis examines the laws governing the confiscation of proceeds of crime in Kuwait, Australia and the United Kingdom, the procedural and evidentiary difficulties associated with securing confiscation orders in these countries, how best to safeguard the property interests and civil rights of individuals whose property is subject to confiscation orders and whether the systems that currently operate in Australia and the United Kingdom could be applied and improve the current situation in Kuwait.

Keywords: confiscation, non-conviction based confiscation,forfeiture, civil recovery, proceeds of crime

Subject: Law thesis

Thesis type: Doctor of Philosophy
Completed: 2020
School: College of Business, Government and Law
Supervisor: David Bright