 | The examples and perspective in this article may not represent a worldwide view of the subject. (July 2018) |
Civil recovery is the method in some legal systems employed to recover the proceeds of crime, instead of, or in addition to, criminal court proceedings.[1]
Many retailers, or agents acting on their behalf, utilize civil recovery to recover the value of property (including intellectual property) obtained through unlawful conduct (i.e. theft, burglary, larceny, fraud etc.). In these cases, police action is not a prerequisite to the civil demand for damages by the retailer. The civil demand can be, and often is, made and settled before a civil lawsuit is filed against the shoplifter in the appropriate civil court.
Non-conviction based asset recovery powers are available in some jurisdictions where it is not considered feasible to secure a criminal conviction or a criminal conviction has been obtained but no confiscation order made.[2] These powers are often used in more serious cases of money laundering, organised crime or drug trafficking.
Proponents of civil recovery say it is important to recover the costs incurred through loss from the perpetrators. As well as acting as a deterrent, civil recovery is claimed to cover the cost staff time, administration work and security.[3]
- ^ Lambert, Jackie; Dunstan, Richard (7 December 2010). "Civil recovery schemes: for or against?". The Guardian. Retrieved 6 July 2014.
- ^ "'Asset recovery powers for prosecutors: guidance and background note 2009". Attorney General's Office. 29 November 2012. Retrieved 7 May 2014.
- ^ Davis, Rowenna (10 December 2010). "Security firms demand £100-plus 'fines' from alleged shoplifters". Retrieved 6 May 2014.