Seizure of property in a court case

Amendments have been made to article 155 of the Code of Criminal Procedure, which concerns the seizure of property. The law-in-draft was initiated by the Prosecutor of the Pridnestrovian Moldavian Republic. The deputies of the Supreme Council supported the initiative in the second final reading, adopting clarifying amendments.

The parliamentarians agreed with the opinion of Anatoly Guretsky that the investigator has the right to seize the property of the accused or the suspect only by a court order. This practice operates in Russia, and it protects the constitutional rights of citizens, the author notes.

Now the Code of Criminal Procedure will regulate that the investigator, before seizing property, must send a corresponding petition to the court. When deciding on the seizure of property, the court must indicate the specific, factual circumstances on the basis of which it made such a decision, as well as establish restrictions related to the possession, use, and disposal of the seized property.

A norm was enshrined at the suggestion of the deputies of the Committee on Legislation that a copy of the decision to seize should be received by the relevant state authorities and the person whose property has been seized. A copy must be sent a maximum of the next day after the decision.

The law adopted by the deputies will come into force 14 days after signing and official publication.