Seizure of property: Counteraction to the investigation of crimes and the execution of a sentence

The authors study the procedural, organizational, and tactical issues related to the seizure of property in order to overcome the counteraction to the investigation and execution of the sentence. The relevance of this article is confirmed by the fact that in recent decades, the system of forms and m...

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Veröffentlicht in:Jurídicas CUC 2022-01, Vol.18 (1), p.199-216
Hauptverfasser: Ivanov, Dmitriy Aleksandrovich, Tishutina, Inna Valerievna, Dyablova, Yulia Lvovna, Artemova, Valeriia Valerievna, Khmelev, Sergey Alexandrovich
Format: Artikel
Sprache:eng
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Zusammenfassung:The authors study the procedural, organizational, and tactical issues related to the seizure of property in order to overcome the counteraction to the investigation and execution of the sentence. The relevance of this article is confirmed by the fact that in recent decades, the system of forms and methods of such counteraction on behalf of suspects, accused, and other persons tends to expand, and any gap in the procedural regulation or organizational and tactical support for the investigation of crimes is used for criminal purposes. Moreover, the authors, considering the seizure of property as a means of overcoming the opposition to the investigation and execution of the sentence, offer recommendations aimed at minimizing it. The article states that the actual basis for the seizure of property is a set of evidence indicating that a crime has caused determined harm, or that a suspect or accused has committed an act that provides for the possibility of applying property penalties. Based on the results obtained, the authors conclude that the seizure of property has a preventive and interim nature, which is suppressing the intent of the suspect (accused) aimed at concealing, selling, or other illegally alienating property, money, securities, and other valuables in order to avoid the seizure of these objects.
ISSN:1692-3030
2389-7716
DOI:10.17981/juridcuc.18.1.2022.09