confiscation


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Related to confiscation: Confiscation of property
See: appropriation, attachment, condemnation, disseisin, distraint, distress, escheatment, expropriation, foreclosure, forfeiture, garnishment, levy, privation, sequestration, taking

confiscation

the taking away of the property of another, usually by the state. In relation to the acquisition of land and the like for state projects, most systems have procedures allowing for appeal and always with compensation. Customs and Excise authorities can confiscate certain goods where the proper duty has not been paid. In criminal cases, confiscation or forfeiture is now much more common than once was the case, with statutory powers being available to penalize serious criminals in a much more effective way than handing out sentences of imprisonment. So it is now possible in the UK for drug dealers to lose the houses bought with the proceeds of their trade and for the getaway car in a bank robbery to be taken and sold. There is, of course, no compensation in such cases, but there is usually a right of appeal. European HUMAN RIGHTS LAW (see EUROPEAN COURT OF HUMAN RIGHTS) means that the right to property and if appropriate the right to a fair trial or hearing are taken into account. The Judicial Committee of the Privy Council has approved confiscation legislation which sets up a reverse burden of proof in non-criminal confiscation proceedings.

CONFISCATION. The act by which the estate, goods or chattels of a person who has been guilty of some crime, or who is a public enemy, is declared to be forfeited for the benefit of the public treasury. Domat, Droit Public, liv. 1, tit. 6, s. 2, n. 1. When property is forfeited as a punishment for the commission of crime, it is usually called a forfeiture. 1 Bl. Com. 299.
     2. It is a general rule that the property of the subjects of an enemy found in the country may be appropriated by the government, without notice, unless there be a treaty to the contrary. 1 Gallis. R. 563; 8 Dall. R. 199; N. Car. Cas. 79. It has been frequently provided by treaty that foreign subjects should be permitted to remain and continue their business, notwithstanding a rupture between the governments, so long as they conducted themselves innocently and when there was no such treaty, such a liberal permission has been announced in the very declaration of war. Vattel, liv. 3, c. 4, Sec. 63. Sir Michael Poster, (Discourses on High Treason, p. 185, 6, mentions several instances of such declarations by the king of Great Britain; and he says that aliens were thereby enabled to acquire personal chattels and to maintain actions for the recovery of their personal rights, in as full a manner as alien friends. 1 Kent, Coin. 57.
     3. In the United States, the broad principle has been assumed "that war gives to the sovereign full right to take the persons and confiscate the property of the enemy, wherever found. The mitigations of this rigid rule, which the policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself." 8 Cranch, 122-3. Commercial nations have always considerable property in the possession of their neighbors: and when war breaks out the question, what shall be done with enemies property found in the country, is one rather of policy than of law, and is properly addressed to the consideration of the legislature, and not to courts of law. The strict right of confiscation exists in congress; and without a legislative act authorizing the confiscation of enemies' property, it cannot be condemned. 8 Cranch, 128, 129. See Chit. Law of Nations, c. 3; Marten's Law of Nat. lib. 8, c. 3, s. 9; Burlamaqui, Princ. of Pol. Law, part 4, c. 7; Vattel, liv. 3, c. 4, Sec. 63.
     4. The claim of a right to confiscate debts, contracted by individuals in time of peace, and which remain due to subjects of the enemy in time of war, rests very much upon the same principles as that concerning the enemy's tangible property, found in the country at the commencement of the war. But it is the universal practice to forbear to seize and confiscate debts and credits. 1 Kent, Com. 64, 5; vide 4 Cranch, R. 415 Charlt. 140; 2 Harr. & John. 101, 112, 471 6 Cranch, R. 286; 7 Conn. R. 428: 2 Tayl. R. 115; 1 Day, R. 4; Kirby, R. 228, 291 C. & N. 77, 492.

References in periodicals archive ?
Collections on the Senior Finance Presidents in Berlin-Brandenburg allowed him to shed light on the tax offices' implementation of confiscation measures.
Hamilton performs it skillfully, blending detailed analysis of legislative process and court decisions with anecdotes about the authors of the confiscation laws and the laws' human impact.
3) To appeal to the Jewish public [asking them] to support the residents of the three villages so that they could keep their land and their source of livelihood, and to endeavor to abrogate the confiscation decision mentioned above.
The committee adopted an ambitious position that will speed up confiscation and freezing of assets between member states with tight deadlines, leading to a more powerful European response in this key field.
He said the pro-government Sudanese Journalists Union (SJU) had previously pledged to interfere to stop the continued confiscations but "so far nothing has happened".
Il a dans le meme contexte indique que les recettes provenant de la confiscation ont atteint a ce jour 166 Millions de dinars et ce, suite a la cession de plusieurs biens immobiliers, selon ses dires.
The confiscation operations consisting of the freezing of accounts and the confiscation of property concerned Mongi Ben Rbah, Kamel Ben Ghoulem Fraj, Chafik Jarraya, Yassine Chennoufi, Nejib Ben Ismail, Ali griouii, Mondher Jenayah and Hlel Ben Massaoud Bchir.
Driving under the influence of alcohol: Decided by court, 23 black points and confiscation 90 days
According to details, the confiscation report reveals that Pervaiz Musharraf's farm house and a plot in DHA has been confiscated after the hearing.
The EU missions in Jerusalem and Ramallah recall the Foreign Affairs Council Conclusions of 14 May 2012 and 20 July 2015, in which the EU called upon Israel to meet its obligations regarding the living conditions of the Palestinian population in Area C as well as its strong opposition to Israel's settlement policy and actions taken in this context, such as building the separation barrier beyond the 1967 line, demolitions and confiscation -- including of EU funded projects -- evictions, forced transfers including of Bedouins, illegal outposts, settler violence and restrictions of movement and access.
The confiscation was carried out due to the debts owed by the YimpaE- Holding Company to two creditors, who sued the company at different times.
The Kingdom ranked second in the field of confiscating materials that violate intellectual property rights, with 4,153 confiscation operations during 2013.