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Author

Krivoshchekov N.V.

Title of article

Seizure of property obtained in the course of criminal activity and held by other persons: features of practice

Section

Criminal рrocedural review

Issue, year

4 (34) 2015

Abstract

Compensation for damage caused by crime is one of the main tasks of fight against crime. By reducing the sum total of the established damage the work concerning the compensation for damage remains inefficient. The possibilities of imposing seizure of property are not sufficiently used. There are problems concerning the application of part 3 of Article 115 of the RF Criminal Procedure Code allowing the seizure of property held by other persons if there are grounds to believe that it is obtained as a result of criminal actions of the suspect or the accused. When bringing the petition for seizure of other persons’ property before the court the investigator should establish: 1) property subject to seizure, the circumstances of property acquisition (date and time); the person who has committed the act of acquisition; the cost of the acquired property); 2) use of property after acquisition (the use of property transferred to “third party” by the accused after the transfer of ownership may show insignificant nature of the transaction on alienation of property, it may also show that actually the property owned by another person belongs to the accused intending to conceal the property obtained by criminal activity); 3) information about the title owner of the property; existence, nature and degree of interconnections of the suspect (accused) with the title owner. It’s necessary to collect information about the alienee: age, health status, marital status, presence of dependents, occupation, place of work, property status, income and expenses at the time of property acquisition and in the previous period.

Keywords

compensation for damage caused by crime, seizure of property, property subject to seizure.

References

1. Bagautdinov F.N. Obespechenie imushchestvennykh prav lichnosti pri rassledovanii prestupleniy [Seizure of property during a preliminary criminal investigation of economic crimes]. Moscow, Yurlitinform Publ., 2002.

2. Ionov V.А. Nalogenie aresta na imucshestvo pri proizvodstve predvaritetelnogo rassledovaniya po ugolovnim delam ob ekonomitcheskykh prestupleniyakh [Securing property rights of the individual in the investigation of crimes. Moscow, Yurlitinform Publ., 2012.