Legal Basis for The Property Seizure of a Person in Charge for the Defendant Action and/or Person Connected Thereto (Comparative analysis) / ბრალდებულის ქმედე- ბისათვის მატერიალურად პასუხისმგებელი პირის ან/ და მასთან დაკავშირებული პირის ქონებაზე ყადაღის დადების სამართლებრივი საფუძვლები (შედარებითი ანალიზი)

Paata Kublashvili

Abstract


According to the regulations of the Criminal Procedure Code of Georgia, a person against whom there is no criminal prosecution (not considered to be in charge) has a right to appeal the court’s decision only once. In the Criminal Procedure Code, there is no other mechanism by which a person without a status of defendant against whom the investigation is being carried out and the use of seizure as a form of procedural compulsion, would be able to use the guaranteed right foreseen in the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. According to European case-law (Qiome and others against Belgium) requisition was considered to be an arrangement, though National Legislation is not aware of identical norms of law and accordingly, a person cannot use defendant’s rights prescribed by the Criminal Procedure Code.

Some things have to be regulated on Legislative level and appropriate changes have to be made in Tax and Criminal Law norms, according to which any kind of tax enforcement towards a person (taxpayer) will be conformed by the tax authority and simultaneously criminal prosecution has begun against the same person according to the committed crime foreseen by the Criminal Code, Article 218.

Keywords


Defendant; sequestration; court;

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