According to the proposal, a provision will be added to the Criminal Code allowing confiscation to be applied not only based on a court verdict but also by court decision as a measure of criminal-legal impact in cases defined by the Criminal Procedure Code.
The draft law also includes a new section in the Criminal Procedure Code that will regulate the process of confiscating property before a verdict is issued. This will apply to situations where the accused is declared wanted or when criminal prosecution is terminated for reasons unrelated to rehabilitation. In such cases, the investigator will be able to initiate a separate proceeding for the confiscation of property obtained illegally, including property located abroad.
The document details the procedure for preliminary hearings, defines the roles of investigators and prosecutors, as well as the process for judicial consideration of petitions for confiscation. The judge will consider such petitions individually, with mandatory participation of the prosecutor. There is also a provision for the possibility of appealing the judicial decisions made.
Furthermore, the draft law proposes amendments to the Civil Code that will establish a provision for the gratuitous seizure of property from the owner by court decision within the framework of criminal proceedings.
If the draft law is adopted, it will come into force ten days after its official publication.
