Before proceeding to determine the meaning of the term confiscation, it is necessary to know its etymological origin. In this case, we can state that it is a word that derives from confiscate and it comes from Latin, it is exactly the result of the sum of several clearly distinguishable components:
-The prefix “de-”, which is used to indicate a “top-down action”.
-The particle “with-”, which means “together” or “completely”.
-The adjective “missus”, which is synonymous with “sent”.
-The suffix “-ar”, which is used to shape verbs.
The notion of confiscation is used to name a penalty that involves the deprivation of the product or instruments of an illicit act. What is confiscated (seized as a punishment) is also called confiscation.
For example: “The security forces made a new seizure of drugs in the border area,” “During the morning the seizure of counterfeit merchandise was carried out in the city center,” “An inspection led to the seizure of sausages and cold cuts that were going to be sold without authorization.”
Confiscation means that the assets in question pass into the power of the State without any compensation to their former owner. Goods whose possession or sale is illegal, such as certain weapons or drugs, can be seized by security forces upon detection.
Suppose the police, during a routine inspection, find counterfeit clothing in a van. Given this discovery, the agents proceed to confiscate the clothing: the products are taken from the person who had them so that they cannot sell them since their sale constitutes a crime.
In Spain, confiscation is included in the Penal Code and, more precisely, in the Criminal Procedure Law. This establishes that the aforementioned confiscation must be carried out by order of the judge for two fundamental reasons:
-To collect weapons, instruments or effects that are related to the crime in question and that are found at the scene of the crime or in the possession of the detainee.
-In the same way, it is indicated that the aforementioned judge may establish that the confiscation be carried out when there are indications that the effects, goods or profits that belong to an individual who is convicted come from an activity that is criminal and is not proven. Furthermore, their legal origin.
In addition, you must know that there are several types of confiscation: direct, which can be carried out in reckless crimes and intentional crimes; the expanded one, the one that is carried out without a sentence, the equivalent...
It can be said, in short, that confiscation is the penalty that consists of the loss of something because it is a prohibited genre or the result of an illegal action. Depending on the case, it may be the main penalty or an accessory penalty. The loss of the object is definitive since no one has the right to have something dangerous, harmful or that affects morality.