Confiscation as a General Administrative Sanction (comparative study)

Confiscation is one of the forms of financial general administrative sanctions, promulgated by the legally authorized administration by an individual administrative decision; to deter the violator of the laws and regulations in force, which is a sanction of a kind nature; it is focused on the object of the violation more than it is directed to the person of the violator, its origin goes back to the criminal law; as a result of the influence of administrative law on criminal law; it has its forms, it may be mandatory in the event the legislator obliges the administration to apply it, it may be permissible if the legislator leaves the administration with discretion to sign it, it may be as civil compensation for the state, and it also has its conditions to be met, which are conditions related to the thing subject of confiscation. The condition that confiscation as a general administrative sanction is proportional to the seriousness and gravity of the administrative violation.

Both the Yemeni legislator and the Egyptian legislator had stipulated confiscation as a general administrative sanction in some laws, but this is in contradiction with the constitutional text in Yemen and Egypt which says: There is no private confiscation except by an adjudication, although we did not find provisions promulgating that these texts are unconstitutional by the Yemeni judiciary, but it was promulgated in one of the rulings that it sees that confiscation can only be a judicial ruling, while in Egypt we found a ruling of the unconstitutionality of one of those texts by the Egyptian judiciary, and we did not find a ruling of the unconstitutionality of the other text, which requires a clear position by The Yemeni judiciary and the Egyptian judiciary regarding the constitutionality of confiscation as a general administrative sanction.