When is asset forfeiture applied?
(Baonghean.vn) - Mr. Nguyen Van Tai, residing in Con Cuong district, asked: What is property confiscation? In what cases is property confiscation applied?
Reply:
Confiscation of property is an additional penalty for criminals..Article 45 of the 2015 Penal Code provides for confiscation of property as follows:
-Confiscation of property is the confiscation of part or all of the property owned by a convicted person to be paid into the state budget.
-Confiscation of property shall only be applied to persons convicted of serious crimes, very serious crimes or especially serious crimes against national security, drug crimes, corruption or other crimes as prescribed by this Code.
-When confiscating all assets, the convicted person and their family still have living conditions.
This penalty is completely different from the judicial measure of confiscation of objects and money directly related to the crime.
If the confiscation of property is applied by the Court, the measure of confiscating objects and money directly related to the crime will be applied by the prosecution agency.
Confiscation of property is a penalty, so confiscation of property leaves a criminal record, while the measure of confiscating objects and money directly related to a crime is not a penalty but only a judicial measure, so there is no criminal record.
