Reglementarea aplicării şi contestării sechestrului asigurator asupra bunurilor

Abstract

The topicality of the approached subject resides in the interest shown for the knowledge of the problem of application and contestation of the insurance seizure on the goods. The seizure of the goods may be applied by the criminal investigation body or the court only in cases where the accumulated evidence allows a well-founded assumption that the suspect, accused, defendant or other persons in possession of the seized goods may conceal, damage, spend. The seizure of the property is applied on the basis of an order of the criminal investigation body, authorized by the resolution of the investigating judge or, as the case may be, of the conclusion of the court. The prosecutor, ex officio or at the request of the civil party, submits to the investigating judge an approach accompanied by the order of the criminal investigation body regarding the seizure of the goods. The investigating judge, by resolution, sanctions the seizure of the goods, and the court decides on the request of the civil party or of another party, by conclusion, if sufficient evidence will be administered to confirm the grounds provided by law, para. 2) art. 205 CPP RM. Taking precautionary measures or enforcing such measures may sometimes infringe the legitimate rights or interests of either the accused or the defendant (for example, the alleged offense did not cause harm or the probable amount of damage is exaggerated or the unavailable propertyexceeds the amount of the damage), or of the civil party (for example, the probable amount of the damage is higher than the one considered by the judicial body or the unavailable goods do not provide this amount), or, finally, of a third party (for example, goods that do not belong to the accused or defendant or to the civilly responsible party, but to the third person making the complaint, were seized.