Capital Forfeiture

This work deals with a constitutional issue regarding the proprietary protection of a defendant or suspect in a criminal proceeding. Naturally, in today's constitutional era, we are concerned with the balance between the public and state interests in combating the criminality of corruption, money laundering and bribery by forfeiture of property acquired and obtained through criminal and economic offenses, and the protection of the constitutional right of the perpetrator or a third party claiming rights to property decided by state authorities by court order. In general, the aforementioned balance is unorthodox because it folds criminal aspects inherent in the basic purpose of combating crime, money laundering and corruption, and 'civil' aspects of protecting the property that has been explicitly anchored in the Basic Law: human dignity and liberty, and raising the right to the status of constitutional right. This means that a person whose property is forfeited can claim protection of his right to property that is forfeiture and that forfeiture is an unreasonable and disproportionate act. In these circumstances, it is possible that the decision is found in balancing the rationales underlying the above principles or rights that are struggling for the premiere. On the one hand, it is in the public interest to fight delinquency through economic means in order to achieve deterrence and punishment among the public and criminal bodies (criminal bodies) and the protection of an individual's proprietary right to his property.

In general, when criminal suspicion arises and the existence of grounds for forfeiture of property, such as property obtained in the past of drug trafficking or money laundering and/or as part of a fight against a criminal organization, the state is entitled to require the court to issue a temporary forfeiture order for the property involved in criminal matters until the sentence is handed down in which the court will decide definitively regarding the forfeiture of the seized and forfeiture of property. Forfeiture is expressed in real assets and other assets such as bank accounts, including the interest that grew on the forfeiture fund.