Reasons for Initiating Proceedings Regarding Criminally Acquired Property

Description

The current regulation in the Republic of Latvia provides the possibility to forfeiture not only physical evidence or criminally obtained property, but also absolutely legally obtained property. However, a possible situation may arise in which allegedly criminally acquired property is subject to confiscation, even though the owner is confident of the legal origin of his property. Criminal forfeiture is “in personam” that is, against the person; it can be invoked only after the property owner has been convicted of certain types of crimes. Civil forfeiture is “in rem” that is, against the thing; it is directed at property that has been used illegally. So called Civil forfeiture in Latvia is regulated by Chapter 59 of Criminal Procedure Law - the Proceedings Regarding Criminally Acquired Property (hereinafter also – CAP Proceeding). In accordance with Section 626 of Criminal Procedure Law it is exclusive right of an investigator to separate the materials from a criminal case re to initiate CAP Proceedings if the following conditions exist: 1) the totality of evidence provides grounds to believe that the property is criminally acquired or related to a criminal offence; 2) due to objective reasons, the transferal of the criminal case to court is not possible in the near future. There could be several objective reasons to initiate CAP Proceeding before general criminal case will be revised by the court, and there shall be an adequate proof to believe that the property is of criminal origin.. ---. ---. ---

Period	29 Mar 2023
Event title	RSU Research week 2023: PLACES
Event type	Conference
Conference number	3
Organiser	Rīga Stradiņš University
Location	Rīga, LatviaShow on map
Degree of Recognition	International