SPECIAL PART
SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES
CHAPTER 32. ARREST OF PROPERTY
Article 232. Arrest of property
Arrest of property is practiced as a remedy to secure property in civil claim and to prevent possible seizure and for coverage of court expenses.
Arrest of property is imposed on the property of the suspect and the accused as well as those persons whose actions can cause financial responsibility, regardless who posses what property.
The arrest of property commonly shared by spouses or the family is imposed on the part owned by the accused. In case of sufficient evidence that the commonly shared property increased or was acquired in a criminal way, the arrest can be imposed on the whole property of the spouses or the family or on a larger part of it.
Seizure can not be imposed on the property which according to law can not be seized.
Article 233. Grounds for arrest of property
Arrest of property can be applied by the bodies conducting criminal proceedings only in the case when the materials collected for the case provide sufficient ground to suspect that the suspect, the accused or other person who has the property, can hide, spoil or consume the property, which is liable to seizure.
Arrest of property is carried out based on the decree of the investigating body, the investigator or the prosecutor.
The decision on the seizure of property must indicate the property subject to seizure, the value of the property based on which it sufficient to impose arrest to secure the civil claim and court expenses.
When necessary, if there is a grounded suspicion, that the property will not be surrendered for seizure of one's own accord, the prosecutor appeals to the court for a search permission, as established in this Code.
Article 234. Valuation of the property to be arrested
The value of property to be arrested is determined at market prices.
The value of the property which is arrested as provision for civil claim or court expenses initiated by the prosecutor or civil plaintiff, must be adequate to the amount of the claim. When determining the portion of property to be arrested from a number of accused or persons responsible for the actions of the latter, the degree of participation in the crime is taken into account, however, to provide a civil claim, the property of one of the relevant persons can be seized in full amount.
Article 235. Procedure of implementation of the decree for property arrest
The investigation body, the investigator or the prosecutor hand over the property arrest decree to the property owner or the manager and demands the submission of property. When the demand is rejected, an enforced seizure is done.
After the end preliminary investigation, by court ruling, the marshall of the court implements the arrest of property.
When imposing property arrest, when possible, an expert in commodity is involved who determines its approximate value.
The owner or the manager of the property is entitled to decide which articles or valuable items should be seized first to provide for the amount indicated in the property arrest decree.
The investigating body, the investigator or the prosecutor write a protocol on property arrest and the court marshall compiles other documents envisaged in law. The protocol (document) enumerates the whole seized property, accurately indicating the name, quantity, means, weight, degree of wear and tear, other individual features and when possible its value; it indicates what property was seized and what property was left for keeping, the seized property is described, the statements of present persons about the ownership of other people.
The copy of the appropriate protocol (document) with a signature is handed over to the owner or manager of the seized property, and in case of their absence, to the full-age members of their family, to the apartment maintenance office or local self-government representative. When seizing the property of an enterprise, institution or organization, the copy of the appropriate protocol (document) with signature is given to the administration representative.
Article 236. The preservation of seized property
Except real estate and large-sized items, other seized property as a rule is taken away. Precious metals and stones, diamonds, foreign currency, cheques, securities and lottery tickets are handed for safe keeping to the Treasury of the Republic of Armenia, cash is paid to the deposit account of the court which has jurisdiction over this case, other taken items are sealed and kept at the body which made a decision to seize the property or is given for safe keeping to the apartment maintenance office or local self-government representative.
The arrested property that has not been taken away is sealed and kept with the owner or manager of the property or his full-age members of his family who are advised as to their legal responsibility for spoiling or alienation of this property, for which they undersign.
Article 237. Appeals against arrest of property
The property seizure decree can be appealed against to the prosecutor, however, the submitted complaint does not prevent the execution of the decision.
Article 238. Release of property from seizure by criminal proceedings
The property is released from seizure by criminal proceedings ruling if as a result of recalling of the civil action, the qualification of the criminal act incriminated to the suspect or the accused has changed, and the necessity to seize property disappeared.
By petition of the civil plaintiff or other interested party, who are inclined to claim the property through civil proceedings, the court is entitled to preserve the imposed property seizure also after the end of criminal proceedings, within a month.
Enforcement of forfeiture orders
EDIT.