In Kyrgyzstan, they propose to allow the confiscation of property before a court verdict
The project proposes the addition of a new provision to the Criminal Code, allowing confiscation to be applied not only as a result of a verdict but also by court decision as a measure of criminal-legal impact in certain cases provided for by the Criminal Procedure Code.
Furthermore, the bill introduces a new section in the Criminal Procedure Code that will regulate the confiscation of property before a verdict is issued. This applies to situations where the accused is declared wanted, or criminal prosecution is terminated for non-rehabilitating reasons. In such cases, the investigator will be able to initiate a separate case for the confiscation of property obtained through criminal means, even if it is located outside the country.
The document also details the process of preliminary proceedings, the role of the investigator and prosecutor, as well as the procedure for judicial consideration of the confiscation request. The judge will make decisions on such requests alone, with the prosecutor's participation being mandatory. There is also a provision for appealing court decisions.
Additionally, amendments to the Civil Code are proposed that will allow for the gratuitous seizure of property from owners based on a court decision within the framework of the criminal process.
If the bill is approved, it will come into force ten days after its official publication.
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