La libre disposition des biens confisqués
Confiscation is a deprivation of property pronounced as a penalty. However, it is not certain that its scope is limited to the property of the convicted person. Article 131-21 of the Penal code indeed allows the confiscation of assets over which the convicted person only has « free disposal » (« lib...
Enregistré dans:
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| Format: | Article ou chapitre numérique |
| Langue: | Français |
| Publié: |
2024
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| Accès en ligne: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Résumé: | Confiscation is a deprivation of property pronounced as a penalty. However, it is not certain that its scope is limited to the property of the convicted person. Article 131-21 of the Penal code indeed allows the confiscation of assets over which the convicted person only has « free disposal » (« libre disposition »), suggesting that a third parties, who own the confiscated property, could be directly affected by this penalty without having been found guilty of the offense it sanctions. However, the notion of « free disposal » is surrounded by uncertainties. While Article 544 of the Civil code defines disposal as an attribute of the right of property, does it, in the sense of the Penal code, refer to a simple de facto control over another's property or a curious method of property acquisition with a repressive purposes ? In either case, it appears that the constitutionality and the compliance of the article 131-21 with the European convention may be called into question. |
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