Confiscation
Encyclopedia
Confiscation, from the Latin confiscatio 'joining to the fiscus, i.e. transfer to the treasury' is a legal seizure without compensation by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property without adequate compensation.
, such as protected living organisms) to the community or even aims to rob them of their socio-economic status, in the extreme case reducing them to utter poverty, or if he is condemned to death even denies them inheritance to the legal heirs, thus punishing the entire bloodline (in the logic of the blood feud).
Meanwhile limited confiscation is often in function of the crime, the rationale being that the criminal must be denied the fruits of their fault, while the crime itself is rather punished in some other, independent way, such as physical punishment
s or even a concurring fine.
Such rich prizes often proved too much temptation for the authorities to refrain from abuse out of greed, especially when taxation was relatively low-yielding, not permanent (often requiring assent from estates etc. at a political cost) and aroused far more resistance than 'making criminals pay'.
Often, police will auction
confiscated items, and the profits will often go to charities
. Theoretically, it is possible for owners to buy back confiscated items.
In airport
s, potentially dangerous items (such as hazardous chemicals, weapons, and sharp objects) are usually confiscated at inspections. Other items, such as certain food, may also be confiscated, depending on importation laws. Depending on the nature of the items, some may be returned at the end of the flight, while most are discarded or auctioned off. However, customs officers have a disreputable reputation, exercising arbitrary power. The musical comedian Anna Russell
had an Irish harp confiscated by the U.S. Customs Service.
Originally, in Roman law, it was the seizure and transfer of private property to the fiscus by the emperor; hence the appropriation, under legal authority, of private property to the state.
In modern, e.g. English law, the term embraces forfeiture
in the case of goods, and escheat
in the case of lands, for crime or in default of heirs (see also Eminent Domain
). Goods may also be confiscated by the state for breaches of statutes relating to customs, excise or explosives.
In the United States among the "war measures" during the American Civil War
, acts were passed in 1861 and 1862 confiscating, respectively, property used for "insurrectionary purposes" and the property generally of those engaged in rebellion.
. A number of international instruments, starting with the 1988 Vienna Convention, have strongly suggested the enactment of legal provisions enabling confiscation of proceeds of crime. The 40 recommendations of the FATF have also stated its importance as a crime prevention tool.
A further trend has been the reversal of the burden of proof for the purpose of facilitating confiscation.
Scope and history
As a punishment, it differs from a fine in that it is not primarily meant to match the crime but rather reattributes the criminal's ill-gotten spoils (often as a complement to the actual punishment for the crime itself; still common with various kinds of contrabandContraband
The word contraband, reported in English since 1529, from Medieval French contrebande "a smuggling," denotes any item which, relating to its nature, is illegal to be possessed or sold....
, such as protected living organisms) to the community or even aims to rob them of their socio-economic status, in the extreme case reducing them to utter poverty, or if he is condemned to death even denies them inheritance to the legal heirs, thus punishing the entire bloodline (in the logic of the blood feud).
Meanwhile limited confiscation is often in function of the crime, the rationale being that the criminal must be denied the fruits of their fault, while the crime itself is rather punished in some other, independent way, such as physical punishment
Physical punishment
Physical punishment is any form of penalty in a judicial, educational or domestic setting that takes a physical form, by the infliction on the offender of pain, injury, discomfort or humiliation...
s or even a concurring fine.
Such rich prizes often proved too much temptation for the authorities to refrain from abuse out of greed, especially when taxation was relatively low-yielding, not permanent (often requiring assent from estates etc. at a political cost) and aroused far more resistance than 'making criminals pay'.
Often, police will auction
Auction
An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder...
confiscated items, and the profits will often go to charities
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...
. Theoretically, it is possible for owners to buy back confiscated items.
In airport
Airport
An airport is a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport...
s, potentially dangerous items (such as hazardous chemicals, weapons, and sharp objects) are usually confiscated at inspections. Other items, such as certain food, may also be confiscated, depending on importation laws. Depending on the nature of the items, some may be returned at the end of the flight, while most are discarded or auctioned off. However, customs officers have a disreputable reputation, exercising arbitrary power. The musical comedian Anna Russell
Anna Russell
Anna Russell, née Anna Claudia Russell-Brown was an English–Canadian singer and comedienne. She gave many concerts in which she sang and played comic musical sketches on the piano...
had an Irish harp confiscated by the U.S. Customs Service.
Originally, in Roman law, it was the seizure and transfer of private property to the fiscus by the emperor; hence the appropriation, under legal authority, of private property to the state.
In modern, e.g. English law, the term embraces forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
in the case of goods, and escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
in the case of lands, for crime or in default of heirs (see also Eminent Domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
). Goods may also be confiscated by the state for breaches of statutes relating to customs, excise or explosives.
In the United States among the "war measures" during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, acts were passed in 1861 and 1862 confiscating, respectively, property used for "insurrectionary purposes" and the property generally of those engaged in rebellion.
- For legal confiscation in the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, see search and seizureSearch and seizureSearch and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
.
Modern trends
There was from the late 1980s onwards a resurgence of interest in confiscation as crime prevention tool, which went hand in hand with the interest in the criminalization of money launderingMoney laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
. A number of international instruments, starting with the 1988 Vienna Convention, have strongly suggested the enactment of legal provisions enabling confiscation of proceeds of crime. The 40 recommendations of the FATF have also stated its importance as a crime prevention tool.
A further trend has been the reversal of the burden of proof for the purpose of facilitating confiscation.
See also
- TheftTheftIn common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
- CrimeCrimeCrime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
- PenaltySentence (law)In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
- Money launderingMoney launderingMoney laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
- FATF
- Asset forfeitureAsset forfeitureAsset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
- Eminent domainEminent domainEminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...