confiscate

Confiscate is the act of taking property or assets by authority, usually a government, as a consequence of illegal activity or to prevent harm. The seized items are removed from the owner and placed under state control, often pending legal proceedings, disposal, or use in enforcement measures. Confiscation can occur with or without a criminal conviction, depending on the jurisdiction and the applicable procedure.

Etymology: The term derives from Latin confiscare, from con- "thoroughly" plus fiscus "public treasury," later carried into English via French and other languages.

Legal forms include civil forfeiture (or civil confiscation), where property is seized in a noncriminal proceeding tied to alleged wrongdoing; criminal forfeiture, where property is forfeited as part of a criminal sentence after conviction; and administrative seizure, carried out by police, customs, or regulatory agencies. In some systems, the law specifies the nexus between the property and illicit activity required for confiscation and prescribes procedures, notice, and remedies.

Confiscation is distinct from expropriation (eminent domain), which transfers private property to the state for public use with compensation. Confiscation may be punitive or remedial, and may occur without compensation in some civil-forfeiture regimes, which has generated legal and civil liberties debates.

Critics argue that confiscation can infringe property rights and due process; proponents view it as a tool to deter crime and recover proceeds. Safeguards include requiring a standard of proof, providing remedies, and limiting the use and scope of seizures.