Chapter 4SECURING OF CRIMINAL PROCEEDINGS

Division 2Other Means of Securing Criminal Proceedings

§ 142. Seizure of property
(1) The objective of seizure of property is to secure a civil action, proof of claim in public law, confiscation or replacement thereof or fine to the extent of assets. Seizure of property means recording the property of a suspect, accused, convicted offender, civil defendant or third party or the property which is the object of money laundering or terrorist financing and preventing the transfer of the property.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
(2) Assets are seized at the request of the Prosecutor’s Office on the basis of an order of a preliminary investigation judge or on the basis of a court order, taking into account the exceptions specified in subsection (3) of this section.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]
(2.1) Seizure of any assets held in an account with a credit or financial institution means imposition of such restrictions on the use of the account during which the credit institution or financial institution does not comply with any account debiting instructions to the extent of the assets seized.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]
(3) In the cases of urgency, assets may be seized on the basis of an order of the Prosecutor’s Office. a preliminary investigation judge must be informed of seizure of assets within 24 hours as of the seizure and the preliminary investigation judge shall deliver a decision to grant or refuse to grant an authorisation by an order immediately but not later than 72 hours after becoming aware of the seizure. If the preliminary investigation judge refuses to grant permission, the property shall be released from seizure immediately.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]
(4) Upon seizure of property in order to secure a civil action, the extent of the damage caused by the criminal offence shall be taken into consideration.
(5) An order on the seizure of property shall be immediately submitted for examination to the person whose property is to be seized or to his or her adult family member, or if the property of a legal person is to be seized, to the representative of the legal person, and he or she shall sign the order to this effect. If obtaining of a signature is impossible, the order shall be communicated to the person whose property is to be seized or to the representative of the legal person who is the owner of the property to be seized. If property is seized in the courses of performance of a procedural act, the representative of the local government shall be involved in the absence of the responsible person or representative.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) If necessary, an expert or qualified person who participates in a procedural act shall ascertain the value of the seized property on site.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(7) Seized property shall be confiscated or deposited into storage with liability. Property shall be deposited into storage with liability on the basis of a deposit contract. The depositary shall ensure that property be preserved and the depositary shall be warned about a criminal punishment for unauthorised use, disposal of or intentional damage to the property.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(8) In order to seize an immovable, a preliminary investigation judge shall submit an order on the seizure to the land registry department of the Tartu County Court in order for a prohibition on the disposal of the immovable to be made in the land register.
[RT I, 21.06.2014, 8 - entry into force 01.01.2015]
(9) For seizure of a movable or right entered in a state register, the Prosecutor’s Office shall submit an order on seizure to the relevant state register, for seizure of registered securities to the central securities depository.
[RT I, 26.06.2017, 1 - entry into force 06.07.2017]
(10) Property which pursuant to law is not be subject to a claim for payment shall not be seized.
(11) If the grounds for the seizure of property cease to exist before the completion of pre-court proceedings, the Prosecutor’s Office or preliminary investigation judge shall release the property from seizure by an order. Immovable property is released from seizure by an order of a preliminary investigation judge.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 143. Report of seizure of property
(1) The report of seizure of property shall set out:
1) the names and characteristics of the seized objects and the number, volume or weight and value of the objects;
2) a list of property taken over or deposited into storage with liability;
3) absence of property to be seized if such property is missing.
(2) A list of seized property may be appended to the report of seizure of property and a notation concerning the list is made in the report. In such case, the report shall not contain the information listed in clause (1) 1) of this section.