9. Property offences

2017 ◽  
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Property Rights ◽  
Money Laundering ◽  
Legal Reform ◽  
Property A ◽  
Property Offences ◽  
Stolen Goods

This chapter deals with offences against property, a category of offences that criminalise conduct such as the taking of another’s property (e.g. theft, robbery), possessing stolen or criminal property (e.g. handling stolen goods, money laundering), and damaging another’s property (e.g. criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

9. Theft and other property offences

2021 ◽  
pp. 344-404
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Property Rights ◽  
Money Laundering ◽  
Legal Reform ◽  
Property A ◽  
Property Offences ◽  
Stolen Goods

This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (eg theft, robbery), possessing stolen or criminal property (eg handling stolen goods, money laundering), and damaging another’s property (eg criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

9. Property offences

2019 ◽  
pp. 333-392
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Property Rights ◽  
Money Laundering ◽  
Legal Reform ◽  
Property A ◽  
Property Offences ◽  
Stolen Goods

This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (e.g. theft, robbery), possessing stolen or criminal property (e.g. handling stolen goods, money laundering), and damaging another’s property (e.g. criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

8. Theft, Handling, and Robbery

Criminal Law ◽  
2020 ◽  
pp. 515-574
Author(s):  
Jonathan Herring
Keyword(s):  
Money Laundering ◽  
Covering Property ◽  
The Law ◽  
Property Offences ◽  
Stolen Goods

This chapter begins with a discussion of the law on theft, robbery, assault with intent to rob, handling stolen goods, and money laundering offences. The second part of the chapter focuses on the theory of theft, covering property offences; the debate over Gomez; the Hinks debate; temporary appropriation; dishonesty; robberies; and handling stolen goods.

8. Theft, Handling, and Robbery

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Money Laundering ◽  
Covering Property ◽  
The Law ◽  
Property Offences ◽  
Stolen Goods

This chapter begins with a discussion of the law on theft, robbery, assault with intent to rob, handling stolen goods, and money laundering offences. The second part of the chapter focuses on the theory of theft, covering property offences; the debate over Gomez; the Hinks debate; temporary appropriation; dishonesty; robberies; and handling stolen goods.

26. Handling and related offences

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Money Laundering ◽  
Mens Rea ◽  
Actus Reus ◽  
Proceeds Of Crime ◽  
English Law ◽  
Do So ◽  
Stolen Goods

This chapter deals with handling of stolen goods and related offences. Under s 22 of the Theft Act 1968, a person who dishonestly receives goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so knowing or believing that they are stolen goods, is guilty of the offence of handling stolen goods. English law treats this offence as an independent crime rather than one of being an ‘accessory after the fact’ to theft. The chapter considers the actus reus and mens rea of handling stolen goods, when goods cease to be stolen, handling by omission, the ‘doctrine’ of recent possession, dishonest retention of a wrongful credit, advertising for the return of stolen goods and money laundering. It concludes with an overview of the Proceeds of Crime Act 2002.

Part VI The Law of Property, 37 Matrimonial Property

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Property Rights ◽  
General Rule ◽  
Legal Reform ◽  
Legal Regime ◽  
Applicable Law ◽  
Civil Partnership ◽  
Marriage Contract ◽  
Recognition And Enforcement ◽  
Property Regimes ◽  
Husband And Wife

This chapter examines the legal regime governing matrimonial property, and more specifically the rights of a husband and wife in the movable and immovable property which either of them may possess at the time of marriage or may acquire afterwards. It first considers the general rule on assignment where there is an ante-nuptial contract as well as the assignment where is no ante-nuptial contract, focusing in particular on the application of matrimonial domicile in the case of movables and the effect of marriage on the spouses' immovables in the absence of a marriage contract. It then discusses the question of property rights arising from civil partnership and cohabitation, citing the relevant provisions of the Civil Partnership Act 2004, and concludes with an overview of European proposals for legal reform with respect to jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.

Equal Freedom and Unequal Property: A Critique of Nozick's Libertarian Case

1992 ◽  
Vol 25 (4) ◽  
pp. 677-695 ◽  
Author(s):  
Christopher John Nock
Keyword(s):  
Property Rights ◽  
Free Society ◽  
Robert Nozick ◽  
Property A ◽  
Classical Liberal ◽  
Laissez Faire ◽  
Internal Coherence ◽  
Liberty Principle

AbstractRobert Nozick argues that inviolable capitalist property rights are a necessary corollary of the free society. This view is grounded in his commitment to the classical liberal principle of equal liberty. This article tests the internal coherence of Nozick's perspective with reference to the demands set by this principle. It is argued that his laissez-faire proposals cannot satisfy these demands. This prompts a consideration of the type of socio-economic arrangements that could respond to the dilemmas posed by the equal liberty principle, the suggestion being that a participatory democratic framework would promote a response superior to Nozick's.

CRYPTOCURRENCIES IN THE POLISH LEGAL SYSTEM – BASIC PROBLEMS AND CHALLENGES

2021 ◽  
Vol 1 (XXI) ◽  
pp. 75-84
Author(s):  
Wojciech Mincewicz
Keyword(s):  
European Union ◽  
Property Rights ◽  
Money Laundering ◽  
Legal System ◽  
Regulatory Framework ◽  
European Union Law ◽  
Electronic Payments ◽  
State Institutions ◽  
Terrorist Financing

The article presents a sketch of the most important legal and normative problems and challenges that are directly related to the emergence and development of cryptocurrencies. The case study is Poland, where in the first phase of existence, Bitcoin and other altcoins were considered property rights. Since 2018, under the Act on counteracting money laundering and terrorist financing, thanks to the unification of European Union law, they are classified as virtual currencies. The challenges identified in the course of the analysis that must be addressed include: the problem of creating an effective regulatory framework for the functioning of cryptocurrencies and placing them in the legal system; the problem of regulating relations with state institutions as monopolists in the field of finance and the worldwide trend of abandoning cash in favor of electronic payments and the formation of a cashless society

Credible Commitment and Property Rights: Evidence from Russia

2004 ◽  
Vol 98 (3) ◽  
pp. 453-466 ◽  
Author(s):  
TIMOTHY FRYE
Keyword(s):  
Property Rights ◽  
State Capacity ◽  
Legal Reform ◽  
Informal Institutions ◽  
Perceived Effectiveness ◽  
Credible Commitment ◽  
State Institutions ◽  
Political Determinants ◽  
State Agents

Few dispute that secure property rights are critical to economic development. But if secure property rights are so beneficial, then why are they so rare? More precisely, what factors promote secure property rights? Do rightholders view private or state agents as a greater threat to property? Do they value bureaucratic commitment or discretion? I use evidence from two original surveys of company managers in Russia to assess the institutional, social, and political determinants of secure property rights. Most managers said that state arbitration courts did not work badly in disputes with other businesses, but few expected these courts to protect their rights in disputes with state officials. More importantly, managers who expressed confidence that state arbitration courts could constrain state officials invested at higher rates, even controlling for the perceived effectiveness of state institutions. Ironically, increasing constraints on state agents can increase the security of property and bolster state capacity. These results generate insights into debates on the role of state in the economy, the origins of secure property rights, the nature of state capacity, the importance of informal institutions, and the process of legal reform.

33. Money laundering (additional chapter)

2021 ◽  
pp. 1134-1134
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Supreme Court ◽  
Money Laundering ◽  
Case Law ◽  
Serious Crime ◽  
House Of Lords ◽  
The Supreme Court ◽  
Proceeds Of Crime ◽  
Criminal Conduct ◽  
Stolen Goods

This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. This chapter analyses how these offences relate to handling stolen goods.

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