Section 358. Confiscation of Criminally Acquired Property for the Benefit of the State

(1) Criminally acquired property shall be confiscated with a court ruling for the benefit of the State, if the further storage of such property is not necessary for achieving the objective of criminal proceedings and if such property does not need to be returned to the owner of lawful possessor, and acquired financial resources shall be included in the State budget.

(2) In the case referred to in Paragraph one of this Section a criminally acquired property may be confiscated for the benefit of the State also by a decision of a prosecutor to terminate criminal proceedings, except when a property the right to which are to be registered in the public register has been recognised as criminally acquired.

Section 361. Seizure of a Property

(1) To ensure the recovery of procedural expenditures and compensation for a harm to a victim, possible return, on the basis of ownership, of a criminally acquired property to the owner or lawful possessor, possible confiscation of a criminally acquired property, resources that a person has acquired from the disposal of such property, the yield received as a result of the use of the criminally acquired property, or property related to a criminal offence, and also possible confiscation of property as an additional punishment, the property will be seized within criminal proceedings. A property may be seized to ensure possible replacement of the special confiscation of a property in the cases specified in the Criminal Law, as well as to ensure the recovery of such property the origin of which is the State resources used for disclosure of a criminal offence.

(1^1) [22 June 2017]

(2) A property may also be seized in proceedings regarding the application of coercive measures to a legal person and regarding the determination of compulsory measures of a medical nature, if it is necessary to ensure a solution to financial matters in criminal proceedings, the possible liquidation, recovery of money, or confiscation of property.

(3) In pre-trial proceedings, property shall be seized with a decision of the person directing the proceedings that has been approved by an investigating judge, but during trial a court shall take a decision.

(4) In emergency cases when property may be alienated, destroyed, or hidden due to a delay, the person directing the proceedings may seize the property with the consent of a prosecutor. The person directing the proceedings shall notify an investigating judge of the seizure not later than on the next working day by presenting the protocol and other materials that justify the necessity and emergency of the seizure. If the investigating judge does not approve the decision of the person directing the proceedings on the seizure of a property, the seizure of the property must be revoked.

(5) The decision on the seizure of a property shall indicate the purpose of the seizure and the person who owns the property upon which shall be seized, and, if the amount of the financial matter to be solved is known, the necessary ensuring sum shall also be indicated.

(6) [22 June 2017]

(7) If a mortgage pledge or other pledge, which has been specified by law and should be registered, was registered in relation to property before its seizure, actions with the pledged property may take place only after co-ordination with the person directing the proceedings. If such property has been recognised by a court decision as criminally acquired, the seizure of the property has priority in relation to the pledge.

(7^1) If in relation to property which is being seized a mortgage or commercial pledge has been registered, the person directing the proceedings shall inform the mortgage creditor or commercial pledgee about the taken decision. Upon receipt of information regarding the seizure of a property, a mortgage creditor or commercial pledgee has the right to submit documents regarding the origin of property.

(8) It shall not be allowed to seize basic necessity objects used by the person whose property is being seized, or by the family members of such person and the persons dependent on such person. Annex 1 to this Law shall determine the list of such objects. A prohibition specified in this Paragraph shall not apply to criminally acquired property or other property related to a criminal offence.

(9) A copy of the decision shall be sent or issued to a person whose property is being seized.

(10) The person directing the proceedings shall register the seized property in the list of objects and documents in the criminal case.