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 regardingcriminally acquired property and the possible risk of forfeiture of a person’s legally acquired property. Loopholes in thelegal regulation allow the possibility of unreasonably restricting property rights of a person without establishing wheth-er such a restriction is justified and proportionate. This study analyses the Latvian and foreign literature to understandthe true reason for having lower standard of proof in respect of figuring out the nature of criminally acquired propertyand also analyses certain Latvian court decisions to subject property of unknown origin to confiscation in the absenceof evidence of a direct connection between property and illicit action. The aim of this study is to analyse the negativeimpact of lower standard of proof on protection of property right in specific criminal procedure cases. The main meth-ods used in this study were analytical, comparative, inductive and deductive methods. The result of this study showshow legally acquired property may be put under doubt and be confiscated by the State under lower standard of proofwithout specific guarantees.