| 英文摘要 |
Under environmental laws, it is common for an act to possibly violate both criminal and administrative regulations. However, it is unclear whether the illegal proceeds shall be confiscated pursuant to the Criminal Code or the Administrative Penalty Act. This article, based on the confiscation provisions under the current Criminal Code or the Administrative Penalty Act, concludes that the Criminal Code has a more comprehensive system relating to the confiscation of illegal proceeds. Additionally, judging from whether similar issues have arisen from the relevant German regulations, which are referred by our confiscation system, we can concludethat it is crucial to view German confiscation provisions the under criminal and administrative regulations as a whole. In other words, there exists no issue of differentiating or prioritizing between criminal and administrative confiscations. Finally, to draw on the experience of German confiscation regulatory system, it is preferable to apply criminal regulations first when an act violates both criminal and administrative laws because the former are clearer and the actor’s procedural rights can be considered under the Code of Criminal Procedure. This article also suggests a comprehensive review of the confiscation provisions under the Criminal Code or the Administrative Penalty Act for thedeprivation of all illegal proceeds. |
