ON PREVENTING AND STRIKING AT ORGANISED CRIME, TRAFFICKING, CORRUPTION AND OTHER CRIMES THROUGH PREVENTIVE MEASURES AGAINST ASSETS   |   10192

Article 12: Sequestration procedure

1The request for the sequestration of the asset shall be reviewed by the court in the counselling chamber, within five days from the date of submission, on the basis of the documents and acts submitted by the prosecutor.

2The decision for a sequestration measure shall be executed upon its announcement. The sequestration measure is valid for a six-month period, starting after the moment of its implementation.

3In the case of complex verifications, upon the request of the prosecutor or ex officio, the court may decide to extend the time period of implementation of the sequestration measure for six-month periods, but no more than two years from the date of the beginning of the time period stipulated pursuant to paragraph 2 of this article. An appeal against this decision may be filed with the Appeal Court, which decides within 15 days after receiving the acts.

4No later than 5 days before the end of the time period of the sequestration measure provided for in paragraph 2 or 3 of this article, the court determines a special hearing, notifying the prosecutor, the people mentioned in article 3, paragraphs 1 and 2, of this law and the selected defence lawyer. The request of the prosecutor for the revocation of the sequestration does not hinder the court from confiscating the asset when it deems that the criteria provided for in this law have been fulfilled

5When the special hearing, according to paragraph 4 of this article, is not established the court lapses the sequestration measure upon the request of the parties or ex officio. The lapse of the sequestration measure does not hinder the submission and admissibility of a new request for confiscation of the assets

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