Confiscation Order
Definition
A court order transferring legal title to specified property from the defendant to the state or (in civil forfeiture) from unnamed property to the state, based on a finding that the property represents proceeds of crime or corruption.
- Effect
- Transfers legal title of property to the state
- Basis
- Property found to be proceeds of crime or corruption
- Related mechanism
- Civil forfeiture (targets unnamed property)
- Field
- International asset recovery
Common questions
How does a confiscation order differ from a criminal fine?+
A fine is a monetary penalty imposed independently of any specific asset, while a confiscation order targets identified property tied to the offence and transfers its title to the state. The two can be imposed together in the same case.
What is the difference between a confiscation order and civil forfeiture?+
A confiscation order typically follows a criminal conviction and is directed at a named defendant's property. Civil forfeiture proceeds against the property itself, without requiring a criminal conviction, based on a finding that the asset represents criminal proceeds.
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