Civil forfeiture
A new law in Mozambique
Working closely with the Attorney General’s Office and other government partners in Mozambique, our International Centre for Asset Recovery assisted with the development of a new law to enable the confiscation of proceeds of crime using a civil standard of proof.
Working closely with the Attorney General’s Office and other government partners in Mozambique, our International Centre for Asset Recovery assisted with the development of a new law to enable the confiscation of proceeds of crime using a civil standard of proof.
When the law is adopted, Mozambique will be the first Portuguese-speaking jurisdiction to have a civil confiscation regime. This timeline shows how our team worked with relevant partners to conceptualise and draft a law that could be used effectively in the Mozambican context.
Delegates at the high-level seminar in July 2023. The seminar was part of our programme of assistance to the Attorney General’s Office of Mozambique, with the support of the Swiss Agency for Development and Cooperation.
Timeline
2022
Information and decision
Scoping missions and a multi-jurisdictional conference in Lisbon, Portugal, highlight how a civil confiscation law would enable Mozambique to target assets independently of criminal proceedings.
2023
Developing the law
ICAR works with stakeholders across the criminal justice chain to develop and adapt a civil confiscation law to Mozambican legislation.
Political seminar
A high-level international seminar consolidates understanding and political backing. Minister of Justice Helena Kida applauds the effort, emphasising that “the State must ensure that it is not possible to accumulate wealth by committing illicit acts”. Deputy Attorney General Alberto Paulo says that “depriving the perpetrator of the proceeds of criminal activity is one of the most powerful mechanisms in the fight against crime.”
Technical retreat
The draft law is refined by a working group comprising relevant Mozambican stakeholders and international asset recovery experts.
2024
Parliamentary approval sought
The Attorney General sends the law to the Ministry of Justice. It is referenced in the country’s counter-terrorism strategy while awaiting final approval, anticipated in early 2024.
