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 this 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 implies the deprivation of the product or the instruments of an illegal act. Confiscation is also called what is confiscated (seized as a punishment).
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For example: “The security forces carried out a new drug seizure in the border area”, “During the morning the seizure of counterfeit merchandise was carried out in the center of the city”, “An inspection led to the seizure of sausages and cold meats that were going to be sold without authorization”.
Confiscation assumes that the assets in question pass into the power of the State without any compensation to their former owner. Merchandise whose possession or sale is illegal, such as certain weapons or drugs, can be seized by security forces upon detection.
Suppose the police, on a routine inspection, find counterfeit clothing in a van. Given this finding, the agents proceed to confiscate the garments: the products are taken from the person who had them so that they cannot be marketed since their sale constitutes a crime.
In Spain, confiscation is included in the Criminal Code and, more precisely, in the Law of Criminal Procedure. In this it is established that the aforementioned confiscation has to be carried out by order of the judge for two fundamental reasons:
-To collect the 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, assets or profits that belong to an individual who is convicted come from an activity that is criminal and is not proven. In addition, the lawful origin of the same.
In addition, you have to know that there are several types of confiscation: direct, which can be carried out in reckless crimes and intentional crimes; the extended one, the one that is carried out without a sentence, the equivalent…
In short, it can be said 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 can 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.