Before proceeding to determine the meaning of the term forfeiture it is necessary to know its etymological origin. In this case, we can state that it is a word that derives from confiscation and it comes from Latin, exactly it is the result of the sum of several clearly distinguishable components:
-The prefix “de-”, which is used to indicate a “top-down action”.
-The particle "con-", which means "together" or "completely".
-The adjective "missus", which is synonymous with "sent."
-The suffix "-ar", which is used to shape the verbs.
The notion of confiscation is used to name a pain which implies the deprivation of the product or instruments of an illegal act. Also confiscated is what is confiscated (seized as a punishment).
For example: "The security forces carried out a new seizure of drugs in the border area", “During the morning the forfeiture of counterfeit merchandise was carried out in the city center”, "An inspection resulted in the confiscation of sausages and cold cuts that were to be sold without authorization".
Confiscation assumes that the assets in question pass to the power of the State without any compensation to its former owner. Goods whose possession or marketing is illegal, such as certain weapons or drugs, can be seized by security forces upon detection.
Suppose the police, in a routine inspection, find fake clothes In a van. Faced with this finding, the agents proceed to seize the garments: they are removed products to the person who had them so that they cannot market them since their sale constitutes a crime.
In Spain, forfeiture is included in the Criminal Code and, more precisely, in the Criminal Procedure Law. It is hereby established that the said confiscation must be carried out by order of the judge for two fundamental reasons:
-To collect weapons, instruments or effects that are related to the crime in question and that are at the scene of the crime or held by the detainee.
-In the same way, it is indicated that the aforementioned judge may establish that the confiscation is carried out when there are indications that the effects, assets or profits that belong to an individual who is convicted come from an activity that is criminal and is not accredited In addition, the lawful origin thereof.
In addition, it is necessary to know that there are several types of confiscation: the direct one, which can be carried out in reckless crimes and in malicious crimes; the extended one, the one that is done without sentence, the equivalent ...
It can be said, in short, that the forfeiture is the pain which consists in the loss of something because it is a prohibited gender or the result of an illegal action. Depending on the case, it may be the main penalty or an accessory penalty. The loss of the object is final since nobody has the right to have something dangerous, harmful or that affects morality.