Confiscation (from the

Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...

''confiscatio'' "to consign to the ''fiscus'', i.e. transfer to the treasury") is a legal form of

seizure A seizure is a sudden, brief disruption of brain activity caused by abnormal, excessive, or synchronous neuronal firing. Depending on the regions of the brain involved, seizures can lead to changes in movement, sensation, behavior, awareness, o ...

by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law.

Scope

As a punishment, it differs from a

fine Fine may refer to: Characters * Fran Fine, the title character of ''The Nanny'' * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (p ...

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 Contraband (from Medieval French ''contrebande'' "smuggling") is any item that, relating to its nature, is illegal to be possessed or sold. It comprises goods that by their nature are considered too dangerous or offensive in the eyes of the leg ...

, 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 or she is condemned to death even denies them the power to bequeath inheritance to their legal heirs. 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 prison term,

physical punishment A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors, especially in home and school settings, its methods may include spanking or paddling. When ...

s or even a concurring fine. Often, police will

auction An auction is usually a process of Trade, buying and selling Good (economics), goods or Service (economics), services by offering them up for Bidding, bids, taking bids, and then selling the item to the highest bidder or buying the item from th ...

items confiscated via police auction or asset forfeiture and keep the proceeds. Theoretically, it is possible for owners to buy back confiscated items. In

airport An airport is an aerodrome with extended facilities, mostly for commercial Aviation, air transport. They usually consist of a landing area, which comprises an aerially accessible open space including at least one operationally active surf ...

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. The musical comedian Anna Russell had an Irish harp confiscated by the U.S. Customs Service.

History

Roman Law

Originally, in Roman law, confiscation was the seizure and transfer of private property to the ''fiscus'' (treasury) by the emperor; hence the appropriation, under legal authority, of private property to the state.

English Law

In modern English law, confiscation 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 Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...

). Goods may also be confiscated by the state for breaches of statutes relating to customs, excise or explosives. In the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

a confiscation order is a court order made under part 2 (England & Wales), part 3 (Scotland) or part 4 (Northern Ireland) of the Proceeds of Crime Act 2002 requiring a convicted defendant to pay a specified sum of money to the state by a specified date.

United States

During the

American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...

, customs racketeering became a serious problem. By harshly enforcing customs laws, particularly the more obscure regulations, corrupt customs officials could seize property almost with impunity. This caused significant conflict between the United States and Great Britain. In the United States among the "war measures" during the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

, acts were passed in 1861 and 1862 confiscating, respectively, property used for "insurrectionary purposes" and the property generally of those engaged in rebellion.

Modern trends

There was from the late 1980s onwards a resurgence of interest in confiscation as

crime prevention Crime prevention refers to strategies and measures that seek to reduce the risk of crime occurring by intervening before a crime has been committed. It encompasses many approaches, including developmental, situational, community-based and crimin ...

tool, which went hand in hand with the interest in the criminalization of

money laundering Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...

. 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 Financial Action Task Force (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. To the surprise of many, it is actually quite legal for law enforcement agencies to take property from people who haven't been convicted of a crime yet as civil asset forfeiture, a practice which brings in millions of dollars of revenue each year, disproportionately affecting people without means or access to a lawyer.

References

External links

UK Education and Inspection Act 2006 - Section 94, Confiscation from pupils
{{Authority control Punishments Crime Asset forfeiture