The Confiscation Of Property In Modern Criminal Law  Cover Image

Конфискација имовине у савременом кривичном праву
The Confiscation Of Property In Modern Criminal Law

Author(s): Dragan Jovašević
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: crimes against property; property measures; penalties; confiscation of property; law; responsibility

Summary/Abstract: In the structure of criminality since the oldest days until today, in our as well as in other countries, crimes against property have been the most frequent. That is the reason why all criminal legislations prescribe different types of punishments that affect perpetrator’s property as an efficient answer of the society to crimes against property. Measures that affect perpetrator’s properties include the following: 1) punishments affecting property: fine and confiscation of property, 2) safety measure that includes seizure of objects, 3) measure of confiscation of financial benefit obtained by the commission of criminal offence and 4) confiscation of property derived from the commission of criminal offence. Although it represents one of the oldest punishments, the confiscation of property does not exist in Serbian criminal law. However, comparative criminal legislation is familiar with this sanction, as well as some international documents, considering it an adequate sanction for the perpetrators of the most serious criminal offences (such as organized crime). In this paper, contents, characteristics, types, natures and effects of the punishment of confiscation of property are discussed.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 467-487
  • Page Count: 21