05 Jan criminal seizure

The three forms of seizure provided for in the Criminal Procedure Code are evidentiary, conservative and budget.

The seizure of evidence is a means of testing research; the remaining two belong to the genus of the precautionary measures. A common feature of the three types of sequestration is the affixing of a thing movable or immovable of a unavailability constraint by dispossession compulsory by dell'A.G. from.

Purpose of seizure of evidence It is to preserve one thing movable or immovable which may be useful as evidence. Subject of seizure can be a corpus delicti, a relevant thing to the crime or at least a necessary thing to establish the facts. The seizure may persist until there evidentiary requirement, but no later than the irrevocability of the sentence. After this time, indeed, subject to confiscation, the product must be returned. At the request of the party entitled, the court may issue an order for the seizure of evidence or conversion to the conservative estimate.

The conservative seizure It puts a constraint on well, in order to ensure the fulfillment of civil obligations arising from the offense, as it prevents the dispersion of capital guarantees until a definitive sentence. Persons entitled to apply the attachment are p.m. and plaintiff. And 'it placed by the judge by order, and can last until the irrevocability of the sentence.

The seizure it is finalized, instead, to interrupt the execution of an offense or to avoid the fulfillment of new. It is applied in three cases: when there is the danger that the free availability of a relevant thing in the offense may aggravate or prolong their consequences; when there is a danger that it may facilitate the commission of other crimes; when it is dangerous in itself. The judge, at the request of M.W., You may have this type of seizure by order. During the preliminary investigations, when for reasons of urgency can not wait for the judge's ruling, the seizure is arranged from p.m. by decree that the judge must validate within ten days under penalty of invalidity.