第三人犯罪所得之沒收

Confiscation of Third-Party Incomes Derived from Criminal Proceeds

任何人均不應自犯罪獲利，是本次修正沒收制度的核心原則，而本次修正沒收措施體系中的亮點之一，是對未參與犯罪之第三人所取得的犯罪所得亦得沒收。本文擬以第三人犯罪所得沒收為主題，先介紹規範目的，並檢視對未參與犯罪之第三人犯罪所得予以沒收之要件，最後針對第三人犯罪所得沒收之案例類型──代理型、挪移型、履行型分別探討該如何認定得否對該第三人所得予以沒收。

One of the highlights of this criminal law amendment to the system of confiscation measures is that criminal proceeds obtained by a third party for a crime which they were not involved in can also be confiscated. This article has been written with “Confiscation of Third-Party Incomes Derived from Criminal Proceeds” as its theme. It begins by introducing the purpose of conventions and looks at important requirements for criminal proceeds to be confiscated from a third party not involved in the crime. Lastly, it deals with documented case types for confiscation of criminal proceeds obtained as income by third parties and explores individually how it should be determined whether a third party’s income thus derived is to be confiscated.