Legal Office RER Lextal NEWS
The arrest of the RER Lextal client’s funds and the process of criminally acquired property has been abolished
On January 2nd, 2023 the Court of the Economic Affairs decided to abolish the process of criminally acquired property, specifically, the RER Lextal client’s arrested funds of approximately 200 000 EUR.
In this Court’s decision, the Court concluded that in this process the law does not permit to confiscate the funds of an unknown origin or funds, about the origin of which insufficient information or evidence has been acquired in the pre-litigation process. This approach would be in contradiction with the aims of the process of criminally acquired property, that is, to remove from the civil circulation particularly criminally acquired property and infringed individual’s rights to property. It would be too rushed of a conclusion to affirm that the property has been criminally acquired only because the information about the arrested funds is insufficient or their origin is unclear.
The authority in charge of the Criminal proceedings did not overrule the court’s decision and decided to abolish the arrest of these funds.