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Performance for Unlawful Cause and Criminal Proceeds Confiscation: A Preliminary Inspection on Quasi-unjustified Enrichment in Criminal Law
Performance Out of Breach of Law (Performance for Unlawful Cause);Confiscation;Criminal Proceeds Confiscation;Unjust Enrichment;Return;Preference of the Claim of Compensation;Quasi-unjustified Enrichment;Restitution of Performance;Seizure;Provisional Attachment
|Issue Date:||2019-07-24 16:02:39 (UTC+8)|
A performance should not be claimed for return if its purpose is unlawful—for instance, the bribery offered to public officials in the an attempt to fulfill their official duties. Consequently, the person who renders performance is considered to be guilty of a breach of law. While the restitution of performance in these cases is not allowed according to the Civil Code of Unjust Enrichment, a question remains: can the recipient of the bribery keep the proceeds legitimately even if his/her purpose is likewise unlawful? Is the recipient actually more worthy of protection? As far as this article is concerned, “the offenders should be deprived of the criminal proceeds” is a general value of the legal system which applies to civil law, criminal law, and administrative law. Therefore, what’s only been dealt is that the person who renders performance for unlawful cause can’t claim the restitution based on the Civil Code. Whether the recipient can keep the proceeds in the end should also consider other regulations or laws besides the Civil Code— especially the Criminal Code of Criminal Proceeds Confiscation, which is essentially the (Quasi-) Unjust Enrichment in the Criminal Code. This article centers on the performance out of a breach of law and deal with the issue of Unjust Enrichment in both the Civil Code and the Criminal Code.
|Relation:||法學評論, 152, 71-124|
|DOI 連結:||https://doi.org/ 10.3966/102398202018030152002|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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