Datagov Opendata Platform

In order to enforce Article 38, Paragraph 1, and Article 38-1, Paragraph 3 of the Criminal Code, Article 133, Paragraph 2 of the Criminal Procedure Law stipulates: "In order to preserve recovery, when necessary, the property of the suspect, defendant, or third party may be seized at the discretion." According to Article 133-1, Paragraph 2, Subparagraph 2 of the Criminal Procedure Law, the "subject to be seized" is the item that should be recorded in the order for the preservation of recovery (seizure order). Recovery is to clear the property, to obtain the accused's cash directly, or to "liquidate" his property in order to realize the right to claim an amount equivalent to the confiscation target. This article intends to start with the legitimacy and nature of the seizure, in accordance with the order and enforcement of this temporary preservation measure, as well as the relationship between the execution of the preservation and recovery seizure when the party has no financial resources, and other issues related to the realization of money claims, and systematic exploration. In addition, in order to realize the right to claim money, and to enforce the fine, based on the previous discussion of seizure for the preservation and recovery, it is suggested that future temporary preservation measures should also incorporate this purpose from the perspective of the legitimacy of the interference with fundamental rights and excessive prohibitions.