APPLICATION OF CONFISCATION OF PROPERTY AS A NON-INSTITUTIONAL FORM OF RESPONSE TO PROPERTY CRIME

Authors

  • Dragan Jovašević Full professor, Faculty of law, University of Niš

DOI:

https://doi.org/10.7251/CEST1322023J

Keywords:

crime, responsibility, punishment, property, confiscation, court

Abstract

In modern crime, in addition to economic and corruption crime, a large share is occupied by property (economic) crime. It includes various forms of criminal acts of natural and legal persons that are directed to the property of another natural or legal person, which causes them property damage. In addition, these property crimes are committed by the perpetrators with the intention of obtaining illegal property gain or out of self-interest. Such characteristics of property crime indicate the type, nature and character of measures of social reaction. Among these non-institutional measures, property fines stand out. These are: a) a fine and b) confiscation of property. They directly confiscate a certain part of the property (property rights) of the perpetrators of these crimes. This paper discusses the specific characteristics of the penalty of confiscation of property in domestic and foreign criminal law.

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Published

2022-04-20