EXTENDED CONFISCATION IN THE BRAZILIAN CRIMINAL PROCEDURE: AN ANALYSIS OF ITS EVIDENTIARY RULES

EXTENDED CONFISCATION IN THE BRAZILIAN CRIMINAL PROCEDURE: AN ANALYSIS OF ITS EVIDENTIARY RULES

The paper aims to analyze the evidentiary legal structure of the extended confiscation in the Brazilian criminal procedure, focusing on the claim that extended confiscation reverses the burden of proof by removing it from the prosecution and transferring it to the accused. The paper will show that e...

Full description

Bibliographic Details
Main Author:	Vítor Souza Cunha
Format:	Article
Language:	English
Published:	Universidade do Estado do Rio de Janeiro 2021-08-01
Series:	Revista Eletrônica de Direito Processual
Subjects:	extended confiscation evidentiary rules burden of proof standard of proof asset investigation
Online Access:	https://www.e-publicacoes.uerj.br/index.php/redp/article/view/52607/37748

Similar Items

The Issue of Evidentiary Value in Integrated Forensic Investigations
by: D. A. Kudryashov
Published: (2016-09-01)

In rem contra culpam?: Extended asset confiscation in international and Bosnian-Herzegovinian criminal law
by: Datzer Darko, et al.
Published: (2020-01-01)

Burden of proof in criminal and civil procedure
by: Brkić Snežana
Published: (2012-01-01)

The evidentiary procedure before the International Court of Justice: The case study of three judgments
by: Đajić Sanja
Published: (2011-01-01)

Elements of Comparative Law on Extended Confiscation
by: Alexandru Boroi
Published: (2014-05-01)

Comparative review of the investigation and confiscation of criminal assets
by: Lajić Oliver
Published: (2012-01-01)

An Interpretation and Application of Section 73A(5) of the Competition Act 89 of 1998, South Africa
by: Phindile Raymond Msaule
Published: (2016-11-01)

Financial Investigations Concerning the Ordering of Precautionary Measures, of Special and Extended Confiscation During Criminal Proceedings
by: Tiberiu-Adrian Toader
Published: (2020-01-01)

EXTENDED CONFISCATION IN THE NEW CRIMINAL CODE
by: MIHAI ADRIAN HOTCA
Published: (2013-05-01)

SOME ASPECTS OF PROOF BY MEANS OF THE EXPERT STATEMENT
by: Tapalova R.B., et al.
Published: (2019-06-01)

Juridical Analysis Among Special Confiscation At The Criminal Procedure Code And General Confiscation In Bankruptcy Law
by: Adhi Setyo Prabowo
Published: (2020-03-01)

The General Court's Ruling in Tercas: Between Imputability of the Aid to the State and Use of State Resources
by: Grazia Vitale
Published: (2020-01-01)

General Confiscation Versus Criminal Confiscation in Regard to Curators’ Authority and Responsibility in Bankruptcy Settlement Process
by: Elli Ruslina, et al.
Published: (2020-08-01)

New Rules on Confiscation of Electronics and Copying Information (Article 164<sup>1</sup> of the Code of Criminal Procedure Law): The Advantages and Disadvantages of the Novel
by: S. V. Zuev, et al.
Published: (2019-06-01)

Civil Asset Confiscation Law – New Criminal Policy or Restrictions Out Bounding Criminal Procedure?
by: Laura Martinaitytė
Published: (2021-05-01)

Optimizing Confiscation of Assets in Accelerating the Eradication of Corruption
by: Elwi Danil, et al.
Published: (2017-03-01)

Criminalistic rules on the interrogation of the defendant by the representatives of the police or the public prosecutor's office through the stages of carrying out this evidentiary procedure
by: Mirkov Željko
Published: (2019-01-01)

DYNAMIC ALLOCATION OF THE BURDEN OF PROOF IN THE NEW PROCEDURAL LAW – PREMISES FOR ITS BETTER UNDERSTANDING
by: Sabrina Nasser de Carvalho
Published: (2017-04-01)

INSTITUȚIA PROBATORIULUI PENAL PRIVIT PRIN PRISMA PRINCIPIULUI EGALITĂȚII ARMELOR
by: Ion ȘLICARI
Published: (2019-05-01)

Freezing and Confiscating the Proceeds of Crime in the European Union
by: Ion Rusu
Published: (2016-08-01)

Is there any alternative to the confiscation of criminal assets, which is implemented in a criminal proceeding?
by: Lajić Oliver
Published: (2013-01-01)

The Evidentiary Value of Bite Mark Analysis in Criminal Cases
by: Suhail H. Al-Amad
Published: (2016-06-01)

TECNICAL ASSISTANT IN CRIMINAL PROCEDURE: LEGISLATIVE AND DOCTRINAL QUESTIONS
by: Chiavelli Falavigno, et al.
Published: (2017-12-01)

The Judicial Review of the Standard of Proof in Cartel Cases:Raising the Bar for the Croatian Competition AuthorityCase comment to the Judgment of the Constitutional Courtof the Republic of Croatia No. U-III-2791/2016 of 1 February 2018(Sokol Marić d.o.o.)
by: Alexandr Svetlicinii
Published: (2018-12-01)

The Evidentiary Value of DNA Fingerprint as Criminal Evidence
by: Mussa Masoud Irhouma
Published: (2016-12-01)

Requirements of the European Union regarding adaptation of criminal legislation of Ukraine to the EU law in relation to confiscation of property
by: Оксана Іванівна Бідна
Published: (2016-12-01)

Distribuição dinâmica do ônus da prova no direito processual do trabalho
by: Renato Ornellas Baldini
Published: (2013)

Distribuição dinâmica do ônus da prova no direito processual do trabalho
by: Baldini, Renato Ornellas
Published: (2013)

Simulated operations: Special evidentiary action in the current criminal procedural legislation and practice
by: Matijašević-Obradović Jelena
Published: (2017-01-01)

The urgency of asset confiscation sanction in tax crimes
by: Rudi Margono, et al.
Published: (2020-09-01)

THIRD PARTY’S ASSET CONFISCATION IN CORRUPTION CRIME
by: Supardi Supardi
Published: (2018-10-01)

Confiscation and Statute of Limitation of the Criminal Offence of Unlawful Site Development.
by: Marco PIERDONATI
Published: (2020-08-01)

The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma
by: Vinesh Basdeo
Published: (2014-08-01)

Dinamização do ônus da prova: teoria e prática
by: Camilo José d'Avila Couto
Published: (2011)

Dinamização do ônus da prova: teoria e prática
by: Couto, Camilo José d'Avila
Published: (2011)

L'appropriation des avoirs criminels : les saisies pénales spéciales garantissant la peine de confiscation, une étape majeure pour une stratégie pénale patrimoniale repensée ?
by: Peter, Marc
Published: (2018)

The specifics of evidence in the tax process
by: Irina V. Glazunova
Published: (2020-01-01)

Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation
by: Marieta SAFTA
Published: (2012-06-01)

Optimal Procedures in Criminal Law: Five Essays
by: Mungan, Murat Can
Published: (2010)

Commencement of criminal investigation according to the new Serbian Criminal Procedure Code
by: Grubač Momčilo
Published: (2014-01-01)

Cannot write session to /tmp/vufind_sessions/sess_pgmo5g81248k4lljopfqmvt0c0