Chapter 4
SECURING OF CRIMINAL PROCEEDINGS
Division 2
Other Means of Securing Criminal Proceedings
§ 142. Seizure of property
(1) The objective of seizure of property is to secure a civil action, confiscation or replacement thereof or fine to the extent of assets. Seizure of property means recording the property of a suspect, accused, convicted offender, civil defendant or third party or the property which is the object of money laundering or terrorist financing and preventing the transfer of the property.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) Property is seized at the request of a Prosecutor's Office and on the basis of an order of a preliminary investigation judge or on the basis of a court ruling.
(3) In cases of urgency, property, except property which is the object of money laundering, may be seized without the permission of a preliminary investigation judge. The preliminary investigation judge shall be notified of the seizure of the property within 24 hours after the seizure and the preliminary investigation judge shall immediately decide whether to grant or refuse permission. If the preliminary investigation judge refuses to grant permission, the property shall be released from seizure immediately.
(4) Upon seizure of property in order to secure a civil action, the extent of the damage caused by the criminal offence shall be taken into consideration.
(5) A ruling on the seizure of property shall be immediately submitted for examination to the person whose property is to be seized or to his or her adult family member, or if the property of a legal person is to be seized, to the representative of the legal person, and he or she shall sign the ruling to this effect. If obtaining of a signature is impossible, the ruling shall be sent to the person whose property is to be seized or to the representative of the legal person who is the owner of the property to be seized. If property is seized in the courses of performance of a procedural act, the representative of the local government shall be involved in the absence of the responsible person or representative.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) If necessary, an expert or qualified person who participates in a procedural act shall ascertain the value of the seized property on site.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(7) Seized property shall be confiscated or deposited into storage with liability.
(8) For the seizure of an immovable, a Prosecutor's Office shall submit an order on seizure to the land registry department of the location of such immovable in order for a prohibition on the disposal of the immovable to be made in the land register.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(9) For the seizure of an immovable or right entered in the state register, a Prosecutor's Office shall submit an order on seizure to the relevant state register.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(10) Property which pursuant to law is not subject to a claim for payment shall not be seized.
(11) If the grounds for the seizure of property cease to exist before the completion of pre-trial proceedings, a Prosecutor's Office or preliminary investigation judge shall release the property from seizure by an order or ruling.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
§ 143. Report of seizure of property
(1) The report of seizure of property shall set out :
1) the names and characteristics of the seized objects and the number, volume or weight and value of the objects ;
2) a list of property taken over or deposited into storage with liability ;
3) absence of property to be seized if such property is missing.
(2) A list of seized property may be appended to the report of seizure of property and a notation concerning the list is made in the report. In such case, the report shall not contain the information listed in clause (1) 1) of this section.
Other forms of cooperation
Search and seizure - authority - ICC proceedings
Search and seizure - national procedures for ICC proceedings
Search and seizure - national proceedings
Forfeiture of assets - authority - ICC proceedings
Forfeiture of assets - national procedures for ICC proceedings
Forfeiture of assets - national proceedings
EDIT.