International law-making experience in handling unjust enrichment and recommendations for Vietnam
Keywords:
Unjust enrichment; criminalization; assets forfeiture; burden of proof; non-convicted
Abstract
The article provides insight into international law-making experience in handling unjust enrichment through comprehensice analysis of different legislative approaches around the world, as well as the forms and contents of related regulations in some selected countries. Based on these lessons, the author makes some specific recommendations regarding the criminalization of unjust enrichment and related activities, as well as suggesting the introduction of rules on non-convicted confiscation and the enforcement mechanism for such rules in the context of Vietnam.
