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

Article 14: Execution of the sequestration measure

1The sequestration decision shall be enforced immediately. The secretary of the court sends without delays to the prosecutor who submitted the request, two copies of the decision. The prosecutor takes measures for the execution of the decision through the judicial police officer and the administrator of the assets.

2The sequestration is executed:

afor the movable assets and the monetary amounts, according to the rules stipulated by the Civil Procedure Code in the cases of the repossession of the assets by the debtor or the third party;

bfor the movable or immovable assets in the competent offices for their registration;

cfor the assets of the commercial companies, apart from the mode provided for by this law for any other attached asset even through the registration of the decision in the register of the commercial companies;

çfor the quotas and the shares, through the publication in the register of the commercial companies and the record in the accounting registers of the company;

3After the execution order issued by the prosecutor, the judicial police proceeds with the collection of the assets and its delivery to its administrator, even when the people who are impacted by the measure have real or personal rights to enjoy them.

4The judicial police notifies the sequestration measure of the assets to the people mentioned in article 3, points 1 and 2 of this law. Also, the judicial police notifies the above people about the decision of the court for delaying the timeframe of the sequestration measure

5When the sequestration measure is imposed against the immovable assets or the assets registered in the public registers, the appointed administrator notifies immediately this measure to the offices where these registers are kept.

6When the item is kept without an ownership title or based on a title which dates back before the date of the sequestration decision and the owner of the item does not accept to submit it voluntarily, the court orders the eviction of the object. The court order is executed by the judicial police.

7The inventory and the description of the sequestered assets is carried out by the judicial police and are documented in a report, which is signed by the people who are present. This report includes the elements provided for by article 524 of the Civil Procedure Code.

8As the administrator receives the sequestrated assets, the judicial police submits a copy of the report mentioned in paragraph 7 to the people who were present in the moment of the inventory.

9The judicial police hands over the sequestered asset to the administrator accompanied with the respective legal documentation, and if it has any, even with the registers of the accounts of the commercial companies

10For administration purposes and in the absence of the documentation provided for in paragraph 9 of this article, the administrator makes available the necessary data for the administration of the assets to the legal auditor appointed by the Agency for the Administration of the Sequestrated and Confiscated Assets, requesting the drafting of a report. The report is made available for the Agency.

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