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and although paragraph 2 of Article 48 of the Criminal Code also contains reference to the property
transferred by a convicted person for possession by other persons, it is yet considered to
be insufficient for
the efficient functioning of Article 71 of the Criminal Procedure Code of Kazakhstan upon effect of the
existing wording of Article 48 of the Criminal Code, which, as it is deemed, requires further improvement.
In
Latvia,
Articles 70-11 to 70-14 of the Criminal Code and Article 27 of the Criminal Procedure Code
regulate issues of confiscation of property acquired through crime. However, such special confiscation
covers instrumentalities intended or used for the commission of a crime, as well as property obtained directly
or indirectly as a result of a crime, proceeds from the disposal of and profits from the use of the property
(Articles 70-11, 70-12 of the Criminal Code). The procedure consists of two phases: 1) recognition that the
property has been
acquired criminally; and 2) confiscation or recovery of the property. In accordance with
Article 356 of the Criminal Procedure Code of Latvia, Property may be recognised as criminally acquired
by a court adjudication that has entered into effect, or by a decision of a public prosecutor regarding the
termination of criminal proceedings.
At the stage of pre-trial investigation, property can also be recognized as such by a decision of district (city)
court, if the person performing the proceeding has enough evidence, which does not raise any doubts with
respect to criminal nature of property (its connection with the crime), or by a decision of a person performing
the proceeding, if during the investigation property was found or seized from suspected, accused person or
third party, and with this respect property owner or lawful possessor before that informed on loss of such
property,
and after it had been found, he or she proved ownership of such property assuaging any reasonable
doubt.
According to Article 358 of the Criminal Procedure Code of Latvia, property acquired through crime is
subject to confiscation based on a court decision, if there is no requirement of further maintenance of such
property for the purpose of criminal proceeding, and if there is no need to return it to the owner (lawful
possessor), and received financial resources are subject to transfer to a state budget. If such property had
been taken, destroyed, hidden or concealed, and therefore its confiscation is not possible, other property and
financial resources in value equivalent of the property can be confiscated. If the accused
person does not
have property that can be confiscated in accordance with this Article, then the following assets can be
confiscated: 1) property transferred by the accused person to a third person after the crime without related
payment; 2) property of a spouse of the accused person if separate property ownership has not been
conditioned minimum a year prior to perpetration of a criminal act; 3) property of other person, if the accused
person had a joint (undivided) household with such person.
According to Article 70-14 of the Criminal Code of Latvia, if the object of the crime belongs to a third
person, its value must be confiscated. If the property obtained by criminal means has been disposed of,
destroyed, disguised or hidden, due to which confiscation became impossible, its corresponding value is
subject to confiscation. When confiscation
of property is applied, the property subject to confiscation can be
replaced by financial means equivalent to the value of the property. Property that has historical, artistic or
scientific value, however, cannot be replaced. If the property obtained by criminal means cannot be
confiscated because it was alienated, destroyed, hidden or disguised, and the offender has no
other property
that can be recovered, the following property can be confiscated: 1) property that was alienated by the
perpetrator after the commission of the crime for free or for a price significantly lower than the market price;
2) the property in the joint ownership of the offender and his/her spouse, unless the spouses have a
documented agreement on property separation concluded at least one year prior to the commission of the
crime; 3) property belongs to another person with whom the offender shared a joint household, if the property
was acquired after the commission of the criminal activity.
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