Article 151 – Purpose and grounds for seizing property
1. To ensure the possible forfeiture of property, as a coercive measure in criminal procedure, the court may, upon motion of a party, seize the property, including bank accounts, of the accused, of the person materially responsible for the accused person’s actions, and/or of the person related to the accused person, if there is information to suggest that the property will be concealed or destroyed, and/or the property has been obtained in a criminal way. If there is information to suggest that the property has been obtained in a criminal way, but the property cannot be found, the court may seize property, the value of which is equivalent to the value of the property in question. If the accused is an official, under the conditions referred to in this paragraph, the prosecutor shall be obliged to file a motion with the court requesting the seizure of property (including bank accounts) of that official, also the suspension of the fulfilment of obligations assumed under agreements entered into by that official on behalf of the State, or the taking of other interim measures.
2. The property seizure provided for by this Code shall also be applied in the case of preparation of one of the crimes provided for by Articles 323-330 and 3311 of the Criminal Code of Georgia or of any other particularly serious crime, as well as for their prevention, if there is sufficient information to believe that the property in question could be used for the commission of a crime.
3. A court may also seize property if there is sufficient evidence to believe that the property in question is obtained through corruption, racketeering or is owned by a member of ‘a criminal underworld’/‘a thief in law’, or by a person convicted for committing a crime under Article 194(3)(c) of the Criminal Code of Georgia.
31. Property may also be seized by a ruling on the seizure of property issued by a court on the basis of the motion of the prosecution if there is a reasonable cause to believe that a crime has been committed with respect to the property in question, and/or if there is a reasonable cause to believe that this property has been obtained in a criminal way and seizing the property is necessary to achieve one or more of the following purposes:
a) to prevent the commission of a new crime;
b) to protect the property from destruction or damage;
c) to prevent the concealment, alienation or embezzlement of the property;
d) to ensure the possible deprivation of property on the basis of Article 52 of the Criminal Code of Georgia.
4. When deciding issues concerning the seizure of property, the provisions of the Civil Procedure Code of Georgia may apply, unless they contradict this Code.
Article 153 – Property that shall not be seized
1. Seizure shall not be applied to food products, fuel, or inventory necessary for professional activities of a person, or to other items that ensure normal living conditions of a person, nor to financial collateral arrangements (financial collaterals) provided for by the Law of Georgia on Financial Collaterals, Mutual Setoffs and Derivatives and to settlement accounts of system participants provided for by the Law of Georgia on Payment Systems and Payment Services.
[ 1. Seizure shall not be applied to food products, fuel, or inventory necessary for professional activities of a person, or to other items that ensure normal living conditions of a person, nor to financial collateral arrangements (financial collaterals) provided for by the Law of Georgia on Financial Collaterals, Mutual Setoffs and Derivatives, to assets in a collateral pool as defined in Article 2(1)(b) of the Law of Georgia on Bonds Secured by Mortgages, and to settlement accounts of system participants provided for by the Law of Georgia on Payment Systems and Payment Services. (Shall become effective from 15 March 2023) ]
2. On the basis of the application of the National Bank of Georgia, the property of a commercial bank that is in the resolution regime in accordance with the Organic Law of Georgia on the National Bank of Georgia and the Law of Georgia on Commercial Bank Activities and the bank accounts held in that commercial bank shall not be seized, and the effect of seizure applied to seized property and bank accounts shall be suspended for a period specified in the application of the National Bank of Georgia, which shall not exceed 90 calendar days. The judge shall issue a ruling within 24 hours from the application of the National Bank of Georgia. If the resolution regime ends earlier than the period specified in the ruling, the National Bank of Georgia shall notify to this effect the court, which shall overturn the ruling on suspension.
Article 154 – Motion to seize property and procedures for its review
1. A party shall prepare and submit, according to the place of investigation, to the court a motion to seize property, and information required for its review.
11. In cases provided for by Article 158(2) or (3) of this Code, before the expiry of the 12-month period set at the previous stage of the seizure of property, if an appropriate ground for the seizure of property still exists, the prosecution may file a motion with a court to seize the property for the 12-month period set at the next stage.
12. In cases provided for by Article 158(2) or (3) of this Code, if the ruling on the seizure of property has been annulled but the time limit provided for by the same paragraph has not expired, and the ground under Article 151(31) of the same Code exists, the prosecution may file a motion with a court to seize the property for the period set at the remaining stages.
13. After the seizure of the property on the ground provided for by Article 151(31) of this Code, if the existence of the ground provided for by Article 151(1), 2 or 3 of this Code is confirmed, the prosecution may file a motion with a court to seize the property on the amended ground.
14. The prosecution may, at any stage of the criminal proceedings, file a motion with a court to fully or partially annul the ruling on the seizure of property.
2. Not later than 48 hours after receiving the motion and the information required for its review, a judge shall decide the motion without an oral hearing. The judge may review a motion with the participation of the party that filed the motion. In this case, the procedure provided for by Article 144(3) of this Code shall apply during the review of the motion.
Article 157 – Procedure for enforcing a ruling (decree) on seizing property
1. A party shall submit a court ruling, and in the case of urgent necessity, a decree of a prosecutor on the seizure of property, to the person who keeps the property, and request the delivery of the property. If that request is denied or there is reliable information that the entire property has not been delivered, a search shall be conducted in accordance with this Code.
2. When seizing property, it shall be determined what items and valuables are to be seized within the limits of the amount indicated in the ruling (decree).
3. An expert may be invited to participate in the seizure of property, and he/she shall assess the value of the property.
4. The extent of the damage caused as a result of a crime and the value of the property subject to seizure shall be determined according to the average market prices.
5. If a bank account is seized, the person’s right to administer the funds available on or transferred to his/her bank account shall be restricted. If only a certain amount is seized, the person’s right to administer the funds available on or transferred to his/her account shall be restricted within the limits of the seizure. If property has been acquired or increased with the resources obtained in a criminal way, the entire property or its major part may be seized. Seizure shall apply to the property (including that of a legal person and its subsidiary companies) of the accused, his/her family member, close relative, related person and/or of a racketeering group, regardless of the share of the accused in that property, provided that there is sufficient evidence to believe that the property or its part has been obtained as a result of racketeering.
6. A report shall be drawn up on the seizure of property.
7. The seized property, except for immovable and large things, shall be taken.
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