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Seizure of a vehicle under the CCP – Disposal by the tax authority prior to an acquittal

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Seizure of a vehicle under the CCP – Disposal by the tax authority prior to an acquittal

Seizure of a vehicle under the CCP – Disposal by the tax authority prior to an acquittal

According to the provisions of the CCP, all documents and other objects found in the possession of the arrested person and related to the crime are confiscated and delivered with a report to the competent prosecutor or investigating judge. They shall then be handed over for sheets either to the clerk of the court or to other escrow agents. If the judicial council finds that no charge should be brought or the court acquits the accused, they are obliged to order the return of the seized property to its owner. The judicial council may order the return of the seized property if it considers that this will not cause problems in the progress of the criminal case.

According to the provisions of the National Customs Code, in the event of seizure of land transport equipment under the provisions of the Customs Code, it is handed over, together with a copy of the seizure report, either to the Customs Office or to the Directorate for the Management of Public Property of the Hellenic Customs Service. In that case, the Council of Petty Magistrates may either order the return of the seized goods if there is a case where they are not confiscated or order their return on application by the owner. In the latter case, the owner shall pay a financial guarantee equal to the value of the goods.To receive the confiscated property, the owner submits a request accompanied by all legal documents. The Directorate for the Management of Public Property may, after six months from the date of seizure and if it has not received written notification of the lifting of the seizure, sell or dispose of the seized property. If, after the sale, the restitution of the seized goods is ordered without delay, the owner shall be compensated in accordance with the provisions of the Customs Code, with interest from the date of the owner’s request for restitution of the seized goods.

Judgment of the Court that it was lawful in the case under appeal to impound a private motor vehicle owned by another person from the arrested person because he was the driver of the vehicle. The seized vehicle was lawfully sold by the Directorate for the Management of Public Property, because a period of five years had elapsed between the date of seizure and the date of the acquittal, so that liability for compensation under Article 105 of the Civil Law on the sale of public property was not established.

Recover your vehicle, contact the best civil and administrative law attorneys in Greece of the law firm Economou & Economou in Athens at (+30) 2103603824or send us an email at econlaw@live.com

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