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Sequestrated transport means might be sold in advance, till their confiscation, in Moldova

16:33 | 29.06.2022 Category: Official

Chisinau, 29 June /MOLDPRES/ - The cabinet of ministers today approved a draft law, which will optimize the work of the Agency for Crime Assets Recovery (ARBI) at the stages of identification, following, blocking, turning to account and recovery of crime assets, the government’s communication and protocol department has reported.  

„More exactly, the draft is meant to solve a problem existing at present, and namely the fact that the sequestrated transport means cannot be turned to account/sold in advance, till their confiscation. And this given that, under the current law, they are assigned to assets the value of which is diminished by at least 10 per cent during one year from the moment when the levy is distraint. Or, decision-makers ascertained that, in fact, the value of transport means can be diminished by more than 10 per cent during one year and thus damage is caused to the state’s interest of efficient turning to account of the sequestrated assets,’’ Justice Minister Sergiu Litvinenco said at the cabinet meeting.       

Thus, decision-makers suggest that the sequestrated transport means are separately included in the category of assets which can be turned to account in advance in exceptional way. At the same time, ground is given to ARBI to ask prosecutor to submit to the court which judges the criminal cause the approach on the turning to account of the sequestrated assets and their withdrawal from distraint by the investigating judge or the court which judges the cause. The grounded conclusion on the approach will be issued in 72 hours after its submission. The asset’s withdrawal from distraint is instructed only in the criminal file within which the turning to account (i.e. the sale) of the sequestrated assets was instructed      

At the same time, to withdraw distraint from assets, people empowered with the right to sell them will sign a pre-contract with the potential buyer, which will be presented to ARBI not later than the day after its signing. This pre-contract will justify the withdrawal of the asset from distraint and its turning into account in advance, guaranteeing, at the same time, that the potential buyer ‘’will not change his/her mind’’ to purchase this asset.  

Another innovation of this draft is that ARBI will be able to issue the order on the freezing of the crime assets for a period of up to 30 working days, based on a written request of foreign competent authorities or within the authorizations received from criminal investigation body. More exactly, it is about the temporary limiting of person’s right to hold assets, so that he/she should not manage to transfer them on the name of other people and sell them till the levying of distraint.     

„In the digital age, the transfer, liquidation, sale of the asset can be made quickly, through a single click in the information system, while the procedure of levying distraint lasts from 1 to 3 days. The enforcement of the mechanism of assets’ freezing is dictated by the need for the law-enforcement bodies to quickly act to attempts of hiding or selling crime assets. This mechanism is enforced unanimously and is recognized by the EU area states,’’ Minister Sergiu Litvinenco said.    

Also, the current draft law proposes the regulation of the framework of ARBI’s international cooperation with its counterparts from other states. Therefore, the draft suggests cooperation between integrity inspectors from the National Integrity Authority (ANI) and ARBI in the process of finding out of the unjustified wealth. More exactly, ARBI should provide needed support to ANI to identify the movable assets or real estate on the territory of other states in the process of ascertaining of the unjustified wealth.    

Photo: Government

 

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