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State uses treasure confiscations

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State uses treasure confiscations

Usage pledged movable and immovable property which come from criminal activity provides for a draft law of the Ministry of Finance, which was submitted to Parliament. Boats, boats, ships, helicopters and ultra-luxury cars go under the hammer. According to the bill, Public will be able to proceed with the sale of movable property worth more than 300,000 euros, obtained as a result of criminal activity and seized, confiscated or confiscated in criminal proceedings, while ETAD is given the opportunity to manage the seized property. , solely through a lease or concession to use them in return, and their sale is excluded.

As emphasized in the introductory report, frozen assets are used in the public interest, for social purposes or to satisfy the victims, and their management is strengthened to ensure their economic value.

Assets that have been frozen may be from a criminal organization, money laundering, fraud, theft, robbery, forgery, human trafficking, drug trafficking, smuggling, tax evasion, non-payment of debts to the state, adultery, stock market crimes. .

Procedures for the return and management of assets are transferred to the governing body, namely the Service for Combating Economic Crimes.

An electronic register for the management of seized, seized and confiscated assets will be created without prejudice to the rights of the suspect or accused.

For each asset, a file is compiled and maintained in which the type of asset seized or seized or confiscated is recorded by the competent authority under categories such as property, wheeled vehicle, car, watercraft, aircraft, cash, bank account, safe, intangible ownership and etc.

The new framework for the use of restricted assets provides that:

Movable property worth more than €300,000, such as boats, will be sold and real estate will be rented out.

1. Money, the contents of lockers, securities under arrest are transferred to a frozen interest-bearing depo account opened in the Deposit and Loan Fund on the account of the governing body (GDO).

2. Movable property that has been seized or confiscated shall be sold only after the decision to confiscate it becomes irrevocable. In exceptional cases, the sale or alienation of movable property, including movable property of great economic value, is allowed by the managing organization together with the services that are responsible for their safety in the process of managing them. The sale may be made after a preliminary hearing of the owner, if his details are known, when the following conditions are met in the aggregate:

• No decision is made to remove the seizure or confiscate it after six months from the date of its implementation.

• Storage is found to be becoming uneconomical or particularly expensive, or at risk of being reduced or lost in economic value due to disuse or storage conditions or other risks.

Mortgaged movable property may be provided either free of charge or for a fee to public sector entities, security forces, civil society organizations and public benefit organizations to meet their operational needs.

3. The governing body will be able to dispose of or dispose of frozen movable assets of great economic value. Movable assets include movable assets other than money, such as land, sea or air vehicles, works of art, intangible property rights or objects of cultural value, which are believed to have been obtained directly or indirectly from criminal offences. or used as instruments to commit them and in view of their possible confiscation. Movable property of great financial value is property with an estimated value exceeding EUR 300,000. The sale is carried out only if the auction reaches an amount equal to or greater than 85% of the appraised value. If an auction equal to at least 85% of the value is not reached after three auctions, the assets can be sold with a floor price adjustment.

4. The management of the reserved property is carried out by the management body. A valuation report is prepared for each frozen or seized immovable property. The sale of these is prohibited. In the case of property of great financial value, management during the commitment period may be entrusted to ETAD SA. Rent or cash consideration after deduction of necessary management expenses incurred by ETAD SA. or governing body, is deposited to the limited account of the beneficiary, which is kept in the reserve sector of the TSI.

5. In the event that a decision is made to lift the measures to freeze or confiscate the deposited funds, bank balances or funds held in safes that have been deposited in an interest-bearing escrow account opened with the TSI, they must be returned by the TSI to the beneficiaries at the direction of the authority management with the accrual of interest from the next business day from the date of their crediting to the account.

Author: Prokopis Hadjinikolou

Source: Kathimerini

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