Confiscation

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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.

1 Scope and history
2 Modern trends
3 Sources and references
4 See also

[edit] 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 contraband, 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 primitive 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 punishments 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 then 'making criminals pay'.

Often, police will auction confiscated items, and the profits will often go to charities. Of course, it is possible for owners to buy back confiscated items.

In airports, potentially dangerous items are usually confiscated at inspections. However customs officers have a disreputable reputation, exercising arbitrary power. The musical comedian Anna Russell had an Irish harp confiscated by 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.

For legal confiscation in the United States, see search and seizure.

[edit] 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 laundering. International instruments such as the 1988 Vienna Convention and the FATF's 40 recommendations have insisted on its importance.