Law on criminal procedure 88/2008 - Exerpts

Chapter IX Seizure of property

 

Article 68 Property, including documents, shall be seized if there is reason to believe that such property, or things or information contained therein, may constitute evidence in criminal proceedings, that the property may have been obtained in a criminal manner or that the property may be confiscated. Seizure of property is not permitted if the property contains information on matters which have passed between a suspect and the suspect’s legal counsel, or information falling within the scope of the second paragraph of Article 119.

If it is possible to secure evidence for the purposes provided for in the first paragraph without need for seizure of property, a request shall be directed to the owner or possessor of the property to provide access to the property or disclose information that it contains, for example by supplying a copy of a document or other information.

 

Article 69 The police may seize property without a court order, subject to the second paragraph below.

If property is owned by, or in the possession of, a person other than a suspect and there is no risk of its destruction or concealment, the seizure shall be decided by a court order, unless the express consent of the owner or possessor has been obtained.

If the owner or possessor of seized property refuses to abide by such decision, the dispute may be referred to a judicial authority. However, a request for a release of seized property shall not have the effect of suspending the seizure.

 

Article 70 Letters and other remissions in the possession of a postal company or carrier, including telegrams, facsimiles, electronic mail or other remissions in the possession of a telecommunications company may be seized, provided that this is done for the purposes of an investigation relating to a crime which is subject by law to a sentence of imprisonment. If the sender and recipient were not present at the seizure, they shall be notified as promptly as possible, insofar as the notification will not prejudice further investigation of the matter. Investigation of the contents of letters, messages or remissions seized pursuant to this paragraph shall only take place pursuant to a court order.

Printed matter cannot be seized in preparation for confiscation pursuant to the provisions of the Printing Rights Act without prior ruling by a court of law.

Article 71 Seized property shall be inventoried and preserved in a secure manner. If requested by the owner or the person surrendering the property, a copy shall be supplied of the inventory.

 

Article 72 Seized property shall be released when it is no longer needed, and at the latest when a case is closed, except in the case of:

a. property confiscated by a judgment of a court of law;

b. property that was obtained by criminal means and has been delivered to persons entitled to the property;

c.  property which has been seized as evidence in a case, unless the person requesting the surrender of the property is in need of an item for the purpose of securing his or her rights or avoiding a loss of rights.

When seized property has been released pursuant to the first paragraph above, the police shall take steps to return the property to the person is rightfully entitled to it.

 

 

Article 88 As security for the payment of a fine, cost of legal proceedings and confiscation of gains realised by a criminal act, the police may call for the arrest of a suspect’s property if a risk is perceived of assets otherwise being concealed or lost or their value significantly reduced.

 

The implementation and effect of arrest pursuant to this Article are subject to the same rules as the arrest of assets in general, with the exception that security need not be posted, legal proceedings need not be initiated for confirmation of the arrest, and no charges shall be paid for the actions.

Arrest under this Article shall be terminated if the accused person has been acquitted by a final judgment of payment of a fine or cost of proceedings or subjection to confiscation of gains. The same shall apply if criminal prosecution has been discontinued or if an  investigation does not lead to prosecution. The suspect then has the right to cancellation of any measures taken to secure the arrest. Arrest shall also be terminated if a suspect makes the payments that the arrest is intended to secure.

 

 

 

 

General Penal Code 19/1940

 

Art. 69 Confiscation by Judgment is allowed in respect of:-

1. Objects originating from an offence or used for its commission, except if these be in the ownership of a person not implicated in the offence in any manner.
2. Objects which may be assumed to be intended for a criminal purpose, provided this is deemed necessary having regard for judicial security.

3. Objects or proceeds acquired by a criminal offence to which no party has a lawful claim or a monetary amount corresponding to such proceeds [or objects purchased for such gain. If full proof of the value of the proceeds cannot be adduced, the Judge may assess the amount thereof.] ¹⁾

Subject to statute provisions providing for a different arrangement, the confiscated property shall accrue to the State Treasury. If anyone has suffered loss by reason of the offence he/she shall, however, have priority to the value if compensation cannot be obtained by other means.

If an association is dissolved by Judgment its assets shall be confiscated to the State Treasury and public authorities shall then take its books and records for safekeeping.
¹⁾ Act 10/1997, Art. 2.