FIRST PART

TITLE V- REMAND ORDERS

CHAPTER VI- PROPERTY REMAND ORDERS

SECTION I- PROPERTY ATTACHMENT ORDER

Article 270- Conditions and effects of the order

1. When there are reasonable grounds to think that there is no guarantee for the payment of fine sentence, expenses of the proceedings and any other obligation to the state property, the prosecutor request the attachment of the defendant’s movable or immovable property or sums of money or items that others owe him, within the boundaries that law permits their seizure.

2. The plaintiff may request the attachment of the property of the defendant or the person liable to a civil claim, under the conditions provided for by paragraph 1.

3. Property attachment issued on the request of the prosecutor is also applicable to the person liable for a civil claim.

Article 271- Court decision on attachment

1. Property attachment is ordered on the decision of the competent court.

2. When a decision in the first instance court has been issued, the property attachment is ordered before the documents are transferred to the court of appeal.

3. The property attachment order is enforced by court bailiff according to the rules prescribed by the Civil Procedure Code.

4. The property attachment ceases to have effects when the decision of acquittal or dismissal of the case becomes final.

Article 272- Offer of security for the obligation

1. When the defendant or the person sued under a civil claim offers an appropriate legal means to guarantee the obligation (pawn, guarantee, deposit, charge) the court does not order the property attachment or revokes it and assigns the mode of performing the obligation.

2. When the offer is made alongside the appeal, the court revokes the property attachment order if it deems that the offer of guarantee is in proportion to the value of the property attached.

Article 273- Execution of attachment order

1. The property attachment order is converted into executable attachment order when the fine sentence or the order compelling the defendant and the person liable under a civil claim for reimbursement of the damage, becomes final.

2. Mandatory execution of the property attached is done according to the rules provided for under Civil Procedure Code. From the proceeds of sale of the property attached and from those means offered to guarantee the obligation are paid in order, payments belonging to the plaintiff for reimbursing the damage and legal expenditures, fine sentences, proceedings expenditures and any other payments in favour of the state.