형법상 몰수규정의 개정방안에 대한 연구

In Korea, special laws are prevalent in the field of criminal law. An important reason for this is that the Criminal Code has not been significantly revised since its enactment, so there are many provisions that do not fit the current reality. Therefore, in order for the Criminal Code, which is the basic substantive law of criminal law, to play its primary role, individual provisions of the Criminal Code need to be modified to fit today's reality so that they can be applied in practice. This article proposes to revise the confiscation provisions of the Criminal Code in a new form. The specifics are as follows: Maintain the dual system of criminal law and special laws, while incorporating the necessary provisions of special laws into the criminal law. Exclude confiscation as a type of punishment and provide for it in a separate section. Expand the scope of application of confiscation by specifying its requirements. Make it possible to collect in addition not only in cases where confiscation is not possible, but also in cases where it is not appropriate to confiscate. Introduce non-conviction-based confiscation. Introduce a system of return of confiscated property to the victim in the Criminal Code in order to recover actual damages for victims of property-related crimes. Establish a separate provision of the period of prescription for confiscation.