The impact of Lower Standard of Proof in Proceedings Regarding Criminally Acquired Property

In this article, the author highlights the connection between using lower standard of proof in proceedings regarding criminally acquired property and the possible risk of forfeiture of a person's legally acquired property. Loopholes in the legal regulation allow the possibility of unreasonably restricting property rights of a person without establishing whether such a restriction is justified and proportionate. This study analyses the Latvian and foreign literature to understand the true reason for having lower standard of proof in respect of figuring out the nature of criminally acquired property and also analyses certain Latvian court decisions to subject property of unknown origin to confiscation in the absence of evidence of a direct connection between property and illicit action. The aim of this study is to analyse the negative impact of lower standard of proof on protection of property right in specific criminal procedure cases. The main methods used in this study were analytical, comparative, inductive and deductive methods. The result of this study shows how legally acquired property may be put under doubt and be confiscated by the State under lower standard of proof without specific guarantees.