Identification of assets - national proceedings

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 356. Recognition of Property as Criminally Acquired
(1) Property may be recognised as criminally acquired by a court ruling that has entered into effect, or by a decision of a prosecutor to terminate criminal proceedings.

(1^1) If property has been recognised as criminally acquired, the seizure, burdens, prohibitions and pledge rights thereof, including all burdens and pledge notations entered in respect of property to be registered in the public register, shall be deleted.

(2) During pre-trial criminal proceedings, property may also be recognised as criminally acquired by:

1) a district (city) court decision in accordance with the procedures laid down in Chapter 59 of this Law;
2) a decision of the person directing the proceedings, if, during the pre-trial criminal proceedings, the property in relation to which its owner or lawful possessor had applied for the loss of property and right to which he or she has proven, by eliminating any doubts, after its finding has been found in the possession of the suspect, accused or third persons or it has been removed therefrom.

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