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 ?
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.
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Relying on confiscation in the 21st century takes us back to the 1215 Magna Carta, in terms of Western democratic rights theory.
Head of Beit Ur al-Fauqa's village council pointed out that the confiscation order came under security pretexts.
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The Turkish Foreign Ministry in its statement urged Israel to reverse its confiscation decision, comply with international laws and bear its responsibilities vis-a-vis Palestinian territories.
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He pleaded guilty to the offence at Kirklees Magistrates in February 2012 but the case was committed to Leeds Crown Court for sentencing and confiscation under the Proceeds of Crime Act 2002.
Artist and teacher of 15 years, Guy Tarrant, has created Confiscation Cabinets - a collection of items confiscated from school children.
Law enforcers will be able to seize assets more quickly, crack down on those who avoid paying and close loopholes used to dodge confiscation.