Purposes of Confiscation of Property
Автор: Tkachev I.O.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 3 (46), 2025 года.
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The article discusses the issue of the purposes of confiscation as another measure of a criminal law nature. The author formulates criteria that should correspond to the objectives of a particular criminal law institution. Such criteria include representativeness, specificity, and comprehensibility. Comprehensibility refers to the possibility of verifying whether an appropriate result of criminal legal action has been achieved. Using these criteria, the author comes to the conclusion that confiscation, as a different measure of criminal law, has different goals than punishment. Given that the achievement of the goal of restoring social justice based on the results of the implementation of confiscation regulations cannot be reliably established, the sole purpose of confiscation is proposed to be the prevention of new crimes (general and private prevention). General prevention is provided, among other things, through awareness by members of society of the possibility of punishment in the form of withdrawal and conversion to income.
Other criminal law measures, confiscation of property, purposes of confiscation, restoration of social justice, prevention of new crimes
Короткий адрес: https://sciup.org/14134023
IDR: 14134023 | УДК: 343.272 | DOI: 10.47475/2311-696X-2025-46-3-106-110