Lexipedia

Confiscation

Confiscation is a criminal-law measure by which the state takes assets or objects linked to an offence or its proceeds.

In Swiss criminal law, confiscation is a measure rather than a sentence. It targets objects used or intended for an offence, objects that endanger safety or morality, and assets obtained through crime. If direct proceeds are no longer available, a substitute claim may be ordered. Confiscation aims to remove unlawful gains and dangerous items, not to punish twice. Third-party rights, proportionality and the distinction between lawful property and criminal proceeds are central safeguards.