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 ?
Ercole, who detested the untidy world of medieval republicanism and pronounced Bartolus of Sassoferrato's influential condemnation of tyranny dead on arrival, silently overlooked the brutal and bloody acts (including the murder, exile, and confiscation of property of their enemies) committed by the signori in illegitimately seizing and maintaining power.
To date, inquiries into the criminal's finances by CAB has led to the confiscation of property and cash valued at pounds 6.
It is, however, even contemplating the confiscation of property and lifetime driving bans for those who have the misfortune to break the law three times.
Five persons were arrested, and one of them, said to be the principal accomplice of the killer, was given a life term and confiscation of property by a district court.
Physical penalties were generally disapproved of by the Church Fathers, though, after Christianity had become the official religion of the empire, secular princes tended to treat heretics as traitors for whom confiscation of property and.
Norquist: We have to get the property rights people and the economic conservatives to point out that the drug war should not include confiscation of property.
We maintain, however, there is no danger of a Communist coup in Russia--or of the expropriation, nationalization, and confiscation of property it would entail.
District level court sentenced Salyanova to 5 years in prison with confiscation of property on October 10, 2017.
According to the verdict, Mamay was sentenced to a three-year suspended sentence and confiscation of property.
Hanan Ashrawi said:"In the strongest terms, we denounce yesterday morning's raid of the PalMedia headquarters in Ramallah and the willful destruction and confiscation of property.
The Geneva-based organization said in a report released today that the violations included extrajudicial killings, arbitrary detention, confiscation of property, forced displacement, torture, restrictions on press freedoms and violation of human right to a fair trial.