Confiscation of Property

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Confiscation of Property


the compulsory uncompensated transfer to the state of all or part of a citizen’s personal property. In criminal law the confiscation of property is one type of supplementary punishment. Under Soviet law it is invoked only as an additional measure of punishment. It may be imposed in cases specifically mentioned in the law, after an individual has been convicted of state crimes and crimes with a mercenary motive. The court has the right to confiscate property (all or part) regardless of the legality of the means by which it was acquired by the owner. In deciding to confiscate a citizen’s property, the court must consider the degree of social danger involved in the crime, as well as the personality of the convicted person.

Only the confiscation of the personal property of the convicted person is permitted. If he is the owner of common property or a member of a kolkhoz household, confiscation applies only to his share. Personal belongings and objects needed for the everyday life of the convicted person and his dependents cannot be confiscated. (The criminal legislation now in force lists the belongings and objects that are not subject to confiscation.)

It is necessary to distinguish the confiscation of property as a measure of criminal punishment from the confiscation of objects that are material evidence, including the instruments of crime. In addition, money and other valuables acquired illegally are taken by the state. It is also necessary to distinguish from confiscation of property the penalty levied in money and property to compensate for damages resulting from crime.

References in periodicals archive ?
Maksim Bakiyev was handed down life sentence and confiscation of property.
It also allows confiscation of property owned by financiers of the terrorist elements.
Some MPs recommended that "looters" of public funds should face life imprisonment and confiscation of property, if they are found guilty of squandering the public resources.
The financing of terrorism was criminalized in 2001 with penalties of up to five years imprisonment, fines and confiscation of property.
I would repeat an earlier characterization of this event as a confiscation of property at a below market price.
Ms Natalie Klein, solicitor of the Supreme Court of South Australia now studying at Yale Law School, who researched the deportations from Ethiopia, said the confiscation of property was significant.
I offer to recognize Umiryaev guilty of committing crime under Article 311 Part 5 of the Criminal Code and sentence him to 12 years in a penal colony with confiscation of property," said prosecutor Kanatzhan Kamalbek.
Islamabad, January 19, 2012 (Frontier Star): The Supreme Court of Pakistan Wednesday dismissed a plea of National Accountability Bureau (NAB), seeking confiscation of property of Sharif family.
ISLAMABAD, January 19, 2012 (Balochistan Times): The Supreme Court of Pakistan Wednesday dismissed a plea of National Accountability Bureau (NAB), seeking confiscation of property of Sharif family.
The court also adjourned hearing of application filed by Sehba Musharraf wife of Pervez Musharraf, co-accused in Benazir assassination case against decision of confiscation of property till the decision of Islamabad High Court in this respect.
He might face up to ten years of imprisonment with confiscation of property.
RAWALPINDI, December 11, 2011 (Frontier Star): Begum Sehba Musharraf Saturday filed an application in an Anti Terrorism Court (ATC) Rawalpindi, seeking transfer of case about the confiscation of property her spouse Pervez Musharraf.