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.