As stated by “RG” Advisor of the Federal chamber of advocates Alexander bolomatov, seizure of property of relatives and close friends of the accused in the course of a criminal investigation is among the most important and debated topics of criminal law. Seizure of property the court imposes at the request of the investigator. This is to ensure that in the event of conviction should be guarantee: the defendant will pay restitution, pay fines, etc. If not to arrest, there is a risk that the defendant will hide all.
When the property belongs to the defendant, at the initial stage does not matter, or stolen, it appeared in an honest way. Therefore arrested often falls and matrimonial property. If the closet will find a box of money, will not understand who from home it was filled. By default, will read as the property of the defendant.
According to Judicial Department at the Supreme court of Russia, during the year the courts issued 34,9 thousand decisions on the seizure of property during investigation of criminal cases. However, not always these decisions were themselves defendants in the case.
to seize the property of outsiders formally in the case – relatives or friends of the defendant – it is possible, only when something indicates that it is bought with the money helper. In a particular case, which reviewed the Second court of cassation, was arrested the apartment of defendant’s mother. The citizen was accused of major fraud. The first and second instance are quite agreed that the shadow falls on the mother. However, the court of cassation considered it a gross violation of the constitutional rights of women.
“Evidence confirming the acquisition of seized assets in money laundering in the decisions of the courts of first and appeal instances is not given, – the court of cassation stressed. – The decision on the seizure of the court, in fact, motivated only by the fact that the size of the officially received doctrine and its close relatives of the official income does not correspond to the number and value issued in their name property. The court did not consider that, in accordance with 5 code of criminal procedure, the wife’s mother (mother-in-law) is not a close relative”.
Advisor of the Federal chamber of advocates Alexander bolomatov stressed that such problems often arise in ones official suspected of unjust profits. Undoubtedly, the defendant may sometimes try to hide the wealth, rewriting all the mother.
“But I must give credit that these people have their own life, so for this category, the questions I would like to have more stringent criteria for the control of law enforcement and the court. Without this, we risk to face the fact that the property of persons not involved in corruption, that is honestly earned, budet taken the verdict of the court”, – said Alexander bolomatov.