2006-04-29
2005-10-28
Disposal of material evidence
Article 112
(1) Except in the hypotheses specified in Article 53 Criminal Code, the objects seized as material evidence shall be forfeited to the benefit of the state where the ownership thereof has not been established and within one year following the completion of criminal proceedings they have not been claimed.
(2) Objects seized as material evidence, the possession of which is forbidden, shall be delivered to the respective institutions or destroyed.
(3) (New, SG No. 109/2008) In cases other than the hypotheses stipulated in Article 53 of the Criminal Code, motor vehicles seized as material evidence shall be forfeited in favour of the State, where the ownership of such vehicles has not been established and they have not been claimed back within five years upon their seizure. The forfeiture shall be effected by a prosecutor's decree in the case of pre-trial proceedings, and by a court ruling in the case of court proceedings.
(4) (Renumbered from Paragraph 3, SG No. 109/2008) Letters, papers or other written instruments seized as material evidence shall remain enclosed to the case file or shall be delivered to the interested institutions, legal and natural persons.
Disputes over rights to objects seized as material evidence
Article 113
In the case of a dispute over rights to objects seized as material evidence, which is subject to examination pursuant to the Code of Civil Procedure, they shall be kept pending a decision of the civil court coming into force.
