When is asset seizure applied?
(Baonghean.vn) - Mr. Nguyen Van Tai, residing in Con Cuong district, asks: What is property confiscation? In what cases is property confiscation applied?
Reply:
Confiscation of property is an additional penalty for offenders..Article 45 of the 2015 Penal Code stipulates the confiscation of property as follows:
ButConfiscation of assets is the act of taking away part or all of the property owned by a convicted person to be deposited into the state budget.
ButAsset confiscation shall only be applied to persons convicted of serious crimes, very serious crimes, or exceptionally serious crimes against national security, drug-related crimes, corruption, or other crimes as prescribed by this Code.
ButWhen all assets are confiscated, the convicted person and their family are still allowed to live.
This punishment is completely different from the judicial measure of confiscating objects or money directly related to the crime.
If asset seizure is ordered by the Court, the measure of seizing objects and money directly related to the crime will be applied by the prosecuting authority.
Confiscation of property is a punishment, therefore it leaves a criminal record. However, the confiscation of objects or money directly related to a crime is not a punishment but merely a judicial measure, and therefore does not leave a criminal record.