Seizure vs. Confiscation,
What’s the Difference?

Seizure

Seizure is a legal measure that allows a competent authority to temporarily take possession of an asset as part of an investigation or judicial proceedings. Seizures may be carried out for various reasons, such as Gathering evidence, Preserving assets for potential future confiscation, or Securing payment of a debt.

Seizures can occur during the investigation and/or the judicial inquiry. They are executed by judicial police officers, who inventory the assets before sealing them.

Seizure precedes judgment and is reversible. This means the property (or the proceeds from its sale, if sold before judgment) may be returned to its owner if the required conditions are met.

Conservatory seizures are a special category of criminal seizures and do not constitute a penalty.

The decision to entrust the management of a seized asset to Agrasc is made by the judge who authorized the seizure.

Once entrusted to Agrasc, the agency becomes its manager and is responsible for its preservation. In certain cases, Agrasc may order its destruction or sale (under specific conditions).

If the property is not entrusted to Agrasc, the owner remains responsible for its maintenance and preservation while it is under judicial custody, from the time of seizure until its release or confiscation.

Any type of asset can be seized, including (non-exhaustive list): Real property, Movable property such as cars, boats, aircraft, furniture, jewelry, clothing, works of art, taxi licenses, bank accounts, financial instruments, bitcoin, or animals.

Seizure is a prerequisite for confiscation

Confiscation

Confiscation, in contrast, is a penalty resulting in the permanent loss of the property by its owner. It is ordered by a court decision when the property is deemed: Illegal, Used in the course of criminal activity, or Acquired through illicit means. Confiscation may be a criminal or administrative penalty. Confiscated property may be sold or used for public purposes (More information about allocations). 

The proceeds from auction sales of confiscated property are used to: 

• compensate victims,
• supplement the State budget

• supplement Fund specific initiatives, such as: The Mildeca (for drug-related offenses), Anti-procuring efforts, or Restitution of ill-gotten assets. 

  However, certain confiscated real properties may be entrusted (under conditions) to associations for social allocation purposes, and some confiscated movable properties may be assigned to State services.

In Summary, seizure is a temporary measure that places property under judicial custody as part of judicial proceedings. Confiscation is a permanent measure that results in the definitive loss of the property by its owner.