Fiches Belges

Restitution arising out of the commission of a criminal offence shall upon a motion by rightful claimants be dealt with in criminal procedure, provided that the determination of those claims does not significantly protract the procedure. A claim for indemnification may consist of a demand for compensation for damage, the recovery of property or the cancellation of a legal transaction. The person entitled to assert such claim in a civil action may make the motion for the assertion of an indemnity claim in criminal procedure. Objects seized during the criminal procedure shall be returned to the owner or actual holder if the procedure is discontinued and there are no grounds for them to be confiscated.

Regulation (EU) 2018/1805 of 14 November 2018 on the mutual recognition of freezing and confiscation orders; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union; European Convention on Mutual Assistance in Criminal Matters (1959) with Additional Protocols; Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime; Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (Warsaw Convention); United Nations Convention Against Transnational Organized Crime (UNTOC, Palermo Convention) Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders; Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

The Court. The investigative judge may in the pre-criminal proceedings and in the stage of investigation issue an order to secure the claim of the entitled person.

Slovenian and English

N/A

When issuing the judgment the court may decide to satisfy the claim, confirm the claim only in part, refuse the claim or instruct the claimant to start a civil suit concerning this claim. The measure is executed according to the procedure prescribed in the Criminal Procedure Code unless an international agreement or other international or bilateral act prescribes a different procedure.