Civil asset confiscation law - new criminal policy or restrictions out bounding criminal procedure?

ENIn order to talk about any restrictions related to property, we must start with basic principles. In criminal procedure, such restrictions are often necessary to implement the goals of criminal procedure. Most common restrictions related to property in pre-trial investigation are search, seizure and temporarily limitation of property rights. These coercive measures are strictly established in the criminal procedure code (Lietuvos Respublikos baudžiamojo proceso kodeksas, 2002). Such measures can be applied only when necessary and must be clear and concrete, efficient, proportional, legitimate and within the scope. As well as such regulation is harmonised with the EU law and international law acts. At the time, Lithuania’s criminal procedure code was changed to satisfy not only the EU law but also decisions of the European Court of Human Rights. The overall purpose of coercive measures is to limit the human rights and freedoms to the preconditions for a normal, unhindered process to achieve the objectives of criminal proceedings. The objectives are oriented to 1) ensure sanction and the process itself, 2) cognitive function, gathering evidence, 3) prevention. So, when choosing measures which interfere suspect’s personal life, especially property, subjects of pre-trial investigation should pay attention to the purpose (objective) of such proceeding. [...] Keywords: civil asset confiscation, proportionality in criminal procedure, limitation of human rights. [Extract, p. 74-75]