Genesis of confiscation of property as a form of punishment in domestic criminal law

The evolution of confiscation of property largely reflects the evolution of property relations and the improvement of criminal legislation at various stages of the development of society. The very concept of “confiscatio” since ancient times presupposes the forced seizure of a certain object of property in favor of the state by a decision of a judicial authority or a public authority. It is obvious, based on the content of this phenomenon as a form of punishment, that its legal formalization could be formed only during the period of the emergence of the state, accompanied by the structural division of society into layers and classes, as well as the registration of property relations characteristic of this particular society. An important factor in this case is the separation of the individual from the “community” of society as a manifestation of individuality, the separation of personal property from the total public property (in order to be able to “confiscate” in the meaning of “take away” personal property, this property must be allocated in the common collective property and this allocation must be fixed by the system of formal law or legal custom), as well as the level of humanization of criminal penalties applied in these societies - that is, whether the confiscation of property is the main or accompanying (additional) punishment. At the same time, since property rights are inextricably linked with property relations, in order to clarify their genesis, it is also necessary to study and carefully analyze along with the general history of society, as well as the history of the development of law and the economic history of the evolution of this society.