Confiscation of property in criminal law

Crime is always a violation of the norms established by society and is subject to certain punishment. If the damage from the deed is too great, then confiscation of property may be applied. In the article you can consider the concept, signs, types and features of the appointment of this type of punishment.

General definition

Confiscation of property is a coercive measure, which is characterized by gratuitous circulation of state property of property belonging to the convicted person. It is produced only by court order.

Such a measure of punishment may be carried out as primary or secondary. All cases of confiscation are governed by special legislation. The implementation of this measure depends on the decision of the court.

Signs of Confiscation

Confiscation of property has the following characteristics:

• It is a state coercive measure.
• Such punishment may be imposed only upon conviction of a court.
• It cannot be an independent form of criminal responsibility.
• Confiscation of property may only be imposed on a person who is found guilty of an atrocity crime.
• This measure is punitive.
• It provides for gratuitous and irrevocable selection of property that becomes state property.
• The property may belong to both the accused and other persons, but for the seizure it must be proved that it is associated with the commission of a crime.

Types of Confiscation

Confiscation of property in criminal law can be classified as follows:

1. Complete. In this case, practically all property belonging to the accused is taken, with the exception of things prescribed by law.
2. Partial Only part of the property is confiscated here. In this case, the court verdict must indicate exactly which one.
3. Special. It can hardly be classified as punishment. This type of confiscation consists in taking from the accused those items that were obtained as a result of the atrocity.

As you can see, confiscation in criminal law is a special type of liability that cannot be applied instead of the main punishment.

What property can be seized?

It should be noted that not everything that belongs to the accused can be selected. The following property is subject to seizure:

• Money and valuables, as well as other things belonging to the criminal that he received as a result of the commission of unlawful actions provided for by the Criminal Code. Confiscation of property in this case allows you to seize from the accused the proceeds of the property, except for those that must be returned to the rightful owner.
• All material values ​​that were obtained as a result of criminal acts. Moreover, part of this property could be completely or partially converted.
• Those funds, values ​​and money that were prepared in advance to finance criminal activity or the implementation of terrorist acts.
• Devices and tools, as well as other means by which the crime was committed, and owned by the violator of the law.

Confiscation of property in criminal law has some functions. That is, this punishment should help to correct the violator and not only.

Confiscation purposes

This type of liability is most often assigned if a person committed an economic crime or actions that contributed to the destruction of public or private property.Confiscation of property of the Criminal Code of the Russian Federation is appointed for this purpose:

1. Educational. It is intended to help a person who breaks the law, rethink their actions, understand what the harm of his actions consists in.
2. Preventive. It is designed to prevent the implementation of such crimes in the future. And this applies not only to the accused, but also to other citizens.
3. Punitive. The person who committed the crime must be punished. No crime should be left without responsibility.
4. Refunds. If, as a result of unlawful acts, the property of the owner was destroyed or badly damaged, then the damage caused should be compensated. That is, the criminal must do it with his own values, money or things.
5. Social. It provides an opportunity to individualize legal impact.

So, you have already considered the types of confiscation of property and its purpose. Now we need to pay attention to some features of this punishment.

Confiscation Features

As already mentioned, the type of responsibility presented for committing an atrocity is special. There are some nuances of its application:

• If the accused does not have any property, then confiscation cannot be considered a punishment.
• Perhaps a combination of seizure of property with conviction. Imprisonment with confiscation of property is common enough. Moreover, the conviction may be real or conditional.
• It is necessary to distinguish between confiscation and seizure. The second action is reversible. That is, property can be returned.
• The convicted person has the opportunity to compensate the damage caused not by property, but to replace it with a monetary equivalent. But instead of punishment, confiscation cannot be applied.

What property can not be seized?

If the offender was assigned confiscation of property, the sentence should indicate which part of it should be taken. However, there are such items and things that cannot be removed in any case:

1. Housing, if it is the only place where the offender can live. Also, an apartment cannot be selected if people who are dependent on the offender live in it: parents, children, relatives with disabilities.
2. A plot of land, if it is not used for income.
3. Household items: clothes, shoes. However, this does not include valuable personal items: bracelets, watches, and others.
4. Devices with which the violator can carry out professional activities.
5. Animals, as well as feed for their maintenance and household premises where they live.
6. Food, seeds for the next sowing work. In addition, it is impossible to seize fuel if it is necessary to maintain a normal life (cooking, heating) of the family members of the offender.
7. Vehicles or special devices, without which the intruder cannot move, as he is an invalid.
8. Awards, commemorative signs, medals, honorary titles that were granted to the person by the state.

As you can see, there is property that cannot be confiscated even if the offender committed a particularly serious crime.

Features of the purpose of confiscation

The presented procedure has some nuances. If the confiscation of property is necessarily present in the sentence, then it may not be imposed in case of mitigation of punishment. If such a punishment is additional, then its size and expediency are considered by the court.

When assigning such responsibility, the competent authorities must take into account the personal characteristics of the accused, the material situation of his family, the nature and severity of the unlawful acts committed.

After the verdict on confiscation of property comes into force, the bailiffs receive a writ of execution, copies of the verdict of the court and a list of property of the convicted person.Further, the competent authorities should quickly check the availability of this property. In addition, they are entitled to identify other property, which may also be subject to seizure.

After that, the bailiffs seal and seal those items that are subject to confiscation by a court verdict. Further, the seized values ​​are transferred to the financial authorities. The writ of execution, which puts a positive mark, is returned back to court.

Varieties of special confiscation

It may be such:

• Administrative. Those values ​​and objects that were obtained as a result of administrative crime are selected.
• Civil law. In this case, the income received by the parties from the implementation of an illegal transaction becomes the property of the state.
• Tax.
• Criminal law.

Problems of using punishment

This form of liability is assigned in cases strictly stipulated by law. But even here her appointment does not do without certain problems. For example, the Criminal Code should not only provide redress, but also not violate the rights of the criminal. However, there is another feature. Compensation is subject not only to material, but also moral damage to the victim.

A court decision on confiscation must necessarily be reflected in the sentence. No other documents confirming the imposition of such a punishment are provided for. Moreover, such a decision should be reflected precisely in the operative part of the sentence, since it is in it that the fact of the recognition of a person as guilty of an offense is recorded.