Notice of a proceeding which may involve the confiscation

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1. Does your national system admit such restriction?

This land register system envisages this kind of notice or includes the possibility of registering a notice as such.

2. In your system, once registered this restriction, does it block or freeze subsequent registrations (mostly the ones promoted by the owner of the property) until being removed?

Once registered this restriction the effect is to block or freeze subsequent registrations.

3. In your system, in principle, will the registration of this restriction be temporary (under a deadline) or indefinitely (it will be in force until being removed)?

In this system the duration of the registration of this restriction will be indefinite (until removed or deleted).

4. Indicate the national legal sources about this judicial restriction

Code of Criminal Procedure § 142 (1), (8)

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

  • The objective of seizure of property is to secure a civil action, proof of claim in public law, confiscation or replacement thereof or fine to the extent of assets. Seizure of property means recording the property of a suspect, accused, convicted offender, civil defendant or third party or the property which is the object of money laundering or terrorist financing and preventing the transfer of the property.
  • In order to seize an immovable, a preliminary investigation judge shall submit an order on the seizure to the Land Registry Department of the Tartu County Court in order for a prohibition on the disposal of the immovable to be made in the land register.

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