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?

B. Once registered this restriction, the effect is to block or freeze subsequent registrations, apart from implying a warning to third parties.

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

  • Article 249 of the Code of Criminal Procedure – The prosecutor, during the criminal prosecution, the preliminary chamber judge or the Court, ex officio or at the request of the prosecutor, in the preliminary chamber procedure or during the trial, can take precautionary measures, by ordinance or, as the case may be, by reasoned conclusion, for avoiding the concealment, destruction, alienation or avoidance from prosecution of the goods which may be subject to special confiscation or extended confiscation or which can serve to guarantee the execution of the fine or the judicial expenses or to repair the damage caused by the crime.

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

Not answered

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