تنفيذ المصادرة الإدارية : دراسة مقارنة

Abstract EN

The implementation of the penalty of administrative confiscation, either by following the administrative path, or through the judicial path, and when the confiscation decision is made, it becomes enforceable, so the center or legal centers it established arranges, and as a general asset, the administration has the right to implement the confiscation decisions by itself, while when it is realized that individuals refrain from implementing The administration can implement the confiscation decisions directly and immediately, as a result of having the privileges of the public authority, while following the judicial path is through a lawsuit filed by the administration to demand the criminal or civil judiciary to implement the confiscation decisions, which individuals refuse to implement, and most likely a lawsuit is filed before the criminal judiciary against the abstaining individuals to force them to implement administrative decisions by applying the general text in the Penal Code that includes imposing a penalty Imprisonment or a fine or both, and some of the legislation regulating the activity of the administration may include a penalty more severe than the general text imposed on the right of abstaining from Execution of confiscation decisions, which the court is obliged to enforce .

The consequences of implementing the penalty of administrative confiscation are represented in the transfer of ownership of the confiscated money to the state - as a general rule - free of charge.

It is possible to transfer the thing subject of confiscation to another country, or to a specific person - in a limited way - who is foreign to the administrative violation, and the transfer of the thing subject of administrative confiscation to the state is as soon as the administrative decision is issued, which enables it to act in various actions according to what the legislator determines in the laws The organization of management activity, such as selling and the revenue of its price to the public treasury.