Secondary penalties

Secondary penalties are penalties which can be imposed in addition to a principal punishment (such as fines, penal labour or transportation) but not as a “stand alone” punishment.

The draft of the Mordan penal code establishes the following secondary penalties:

  • interdiction from certain civil rights
  • confiscation of property
  • professional disqualification
  • supervision

Confiscation of property is the forfeiture of the means used to commit a crime (such as firearms) or the proceeds of crime. Proceeds of crime can be direct or indirect (stuff bought with stolen money or money earned by selling stolen goods). In certain circumstances other parts of the criminal’s property can be confiscated. Confiscation is independent from paying restitution to victims.

Professional disqualification means that the convict is barred from working in a certain occupation. For instance teachers or bankers who are prohibited to work in their respective fields. There should be a correspondence between the crime committed and the prohibited profession.

Supervision means that the convict will be closely monitored by the police.

Interdiction of civil rights, professional disqualification and supervision could be either temporary (up to thirty years) or for life (only in case of severe crimes). Confiscation cannot be given in combination with a fine.

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