Freezing of assets - national proceedings

Republic of Moldova

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 203. Sequestration
(1) Sequestering goods is a coercive procedural measure consisting of inventorying the goods and prohibiting the owner or possessor from disposing of those goods or, if necessary, to use such goods. Upon sequestering bank accounts and deposits, any operations with those accounts or deposits shall be terminated.

(2) Sequestering goods shall be done to secure the recovery of damage caused by the crime, civil claim or eventual special seizure or extended seizure of goods or the counter value of the goods provided in art. 106 para. (2) and art. 1061 of the Criminal Code.

Article 204. Goods Subject to Sequestration
(1) In order to repair the damage caused by a crime The goods of the suspect/accused/defendant or of the civilly liable party in the amount of a probable value of the damage may be subject to sequestration.

(2) In order to guarantee the execution of the punishment in the form of a fine, only the goods of the accused or the defendant may be subject to sequestration depending the maximum amount of the fine that may be established for a committed crime.

(3) In order to ensure an eventual special or extended seizure of goods, the goods set forth in art. 106 para. (2) and art. 1061 of the Criminal Code may be subject to sequestration.

(4) If the goods to be subjected to special or extended seizure do not exist anymore, cannot be found, cannot be recovered or if such goods belong or had been onerously transferred to a person who did not know and did not have to know about the purpose of the use or the origin of the goods, ensuring measures to seize the counter-value of the goods shall be undertaken.

(5) Should the goods subject to sequestration represent a share of joint property, only the share of the joint property subject to special or extended seizure may be subject to sequestration.

(6) Food the owner, possessor of the goods, and his/her family members need, fuel, specialized literature and professional equipment, dishware and utensils permanently used and not valuable, as well as other essentials may not be subject to sequestration, although later they may be subject to sequestration.

Article 302. Coercive Procedural Measures Applied with the Authorization of the Investigative Judge
The following coercive procedural measures may be applied with the authorization of the investigative judge:
1) postponement for up to 12 hours of notification of relatives about the apprehension of a person;
2) court fines;
3) sequestration of goods;
4)other measures provided in this Code.

The judgment of the investigative judge authorizing coercive procedural measures may be subject to cassation by the parties in a higher court within three days. The request for cassation shall be heard in line with arts. 311 and 312.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and