Asset Recovery and Confiscation of Proceeds of Crime

This research paper critically examines the legal and institutional frameworks governing asset recovery and the confiscation of proceeds of crime. Focusing on the mechanisms for tracing, freezing, seizing, and forfeiting illicitly acquired assets, the study evaluates the efficacy of domestic legislation—particularly the Prevention of Money Laundering Act (PMLA)—alongside relevant international standards. It explores both conviction-based and non-conviction-based (civil) asset forfeiture regimes as vital tools in disrupting transnational organized crime and curbing financial corruption. Furthermore, the paper addresses key practical challenges in international legal cooperation, mutual legal assistance (MLA), and asset repatriation, ultimately proposing targeted legal reforms to enhance asset recovery frameworks and ensure the successful restitution of stolen state assets.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-11-02
DOI
https://doi.org/10.5281/zenodo.23887331
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Asset Recovery and Confiscation of Proceeds of Crime

Nuwani Nishshanka
1 links
Zenodo (CERN European Organization for Nuclear Research)
Crime, Illicit Activities, and Governance
article

Asset Recovery and Confiscation of Proceeds of Crime

Nuwani Nishshanka
article en

Abstract

This research paper critically examines the legal and institutional frameworks governing asset recovery and the confiscation of proceeds of crime. Focusing on the mechanisms for tracing, freezing, seizing, and forfeiting illicitly acquired assets, the study evaluates the efficacy of domestic legislation—particularly the Prevention of Money Laundering Act (PMLA)—alongside relevant international standards. It explores both conviction-based and non-conviction-based (civil) asset forfeiture regimes as vital tools in disrupting transnational organized crime and curbing financial corruption. Furthermore, the paper addresses key practical challenges in international legal cooperation, mutual legal assistance (MLA), and asset repatriation, ultimately proposing targeted legal reforms to enhance asset recovery frameworks and ensure the successful restitution of stolen state assets.

Zenodo (CERN European Organization for Nuclear Research)
Peace, justice, and strong institutions
Openalex Percentile: Top 8%
Crime, Illicit Activities, and Governance
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