Montenegro
stipulates only property claim under Article 234 of the Criminal Procedure
Code, according to which claim of property right may relate to compensation of damage, return of property
or declaring certain legal fact invalid. It means that injured party can file a claim in a criminal proceeding
even despite the subject relating to the matters of civil law. Such insured party has the right to initiate a claim
under any criminal proceeding, including cases of corruption.
Legislation of
Serbia
stipulates similar rules of filing civil claim, which can be ran under criminal cases of
corruption and money laundering as well. Confiscation of this type is limited by compensation to the victim
party and bona fide owner. Thus, if under criminal proceeding the court accepts property claim of the victim
party, the court is to seize pecuniary gain only in case it exceeds recognized by judicial judgment extent of
property claim. Period of filing of such claim under criminal proceeding is 6 months from the date when the
decision with reference to a possibility of such filing by the victim party became final. If civil claim has not
been filed under the criminal proceeding, it can be filed under the civil proceeding during three months from
the date the party got to know about the decision sentencing seizure of pecuniary gain, and in any case not
later than within three years from the date when the decision on seizure of pecuniary gain became final.
Victim party, however, is to claim its right for compensation out of seized pecuniary gain.
Filing of a civil claim under the criminal proceeding under the legislation of
Romania
is aimed at
compensating the damage to the victim and is not deemed as one of the types of confiscation. However, it
can have a similar effect if the other party to the civil case is the state or a local administration.
In accordance with Article 142 of the Criminal Procedure Code of
Kyrgyzstan
(Obligation to secure civil
claim and property confiscation stipulated by law), provided that the sufficient data on property damage
caused by crime is available, the investigator, prosecutor and the court are to take measures to secure filed
and potential civil claim and confiscation. Such securing is done by attachment in accordance with an
inventory of property attached to deposits, valuables, other property of the accused person, defendant and
persons bearing pecuniary responsibility under the law for the actions of the accused person or defendant, as
well as by seizure of property put in a distress. In case of satisfaction of the civil claim, the court has a right
prior to entry of judgment into legal force to decide on adoption of measures for security of a claim, if they
have not been adopted earlier. Both under the criminal cases of corruption offences and the money
laundering, civil claim may be filed and property for its security may be confiscated. Similar provisions are
set forth in Articles 180-187 of the Criminal Procedure Code of
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