confiscation


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Related to confiscation: Confiscation of property

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 ?
Kayah Human Rights and Environmental Rights Movement Network report called upon the authorities to stop the land confiscation, suing the local people and arresting them as they affect their livelihood, security and peace.
Across England and Wales, courts imposed 3,840 confiscation orders for PS163.2m in 2018/19 - down from 5,357 for PS259.8m in 2017/18.
It also takes time to enforce and pay confiscation orders, both of which can be made more complex by the nature of the asset.
Across Wales and England, courts imposed 3,840 confiscation orders for PS163.2m in 2018/19, down from 5,357 for PS259.8m in 2017/18.
As per the agreement, the department will coordinate with all relevant authorities to issue permits to enable the Emirates Parking Company to carry out its duties regarding the confiscation, management and guarding of vehicles, while providing electronic connections related to the parking lot management system.
The Scottish Government said powers introduced last year to seize assets gains through crime would make enforcement of confiscation orders "easier and faster."
The new regulation replaces the framework decisions on mutual recognition of freezing orders and on mutual recognition of confiscation orders dating back to 2003 and 2006 These were considered outdated and no longer in line with the latest national and EU rules on freezing and confiscation, and therefore gave rise to loopholes which were exploited by criminals.
"Widespread land confiscations across Myanmar have harmed rural communities in profound ways for decades," Phil Robertson, HRW's deputy Asia director, said.
The amount of the increased confiscation order represents monies currently held in a Santander bank account in Mr Wilson's name.
11 ( ANI ): A Special Prevention of Money Laundering Act (PMLA) Court in Mumbai ordered the first confiscation of assets worth Rs.
Nadeem Iqbal, a resident of Ghausia Town, Faisalabad, was handed down two-year imprisonment and the confiscation of his property.
British Ambassador to BiH Edward Ferguson told reporters that participants were discussing a document prepared by AIRE and RAI, which is a comparison of the situation in different countries in the region to see how the work on confiscation of illegally acquired property can be made more effective.