مرکز منطقه ای اطلاع رساني علوم و فناوري - Seizure of Immovable Property, Rights and Credits in Criminal Procedure Law

Abstract :

In accordance with the measures taken to seize the immovable property, rights, and credits provided for under Article 128 of the Criminal Procedure, the following items belonging to the suspect or the accused may be seized: immovable goods; transport vehicles of land, sea or air; all kinds of accounts in banks or other financial institutions; all kinds of rights and credits by real or juridical persons; valuable documents; shares at the firm where he/she is a share holder; contents of the rented safe; other assets belonging to him. These goods and items can be seized only in cases where there are strong grounds of suspicion tending to show that the crime under investigation or prosecution has been committed and that they have been obtained from this crime. The judicial authority designated to carry out such a power is the aggravated criminal courts only. Furthermore, the aggravated criminal court may render its judgement upon the case only by a unanimous vote. Upon the opposition, it still requires a unanimous opinion of the aggravated court to render its judgement. A decision on the seizure of an immovable shall be enforced by taking a note in the title where the property is registered.