The demand for third party ownership in criminal execution

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In this article we are going to explain the possibility of filing a claim for third party ownership in a criminal execution phase. What is domain third party? Third party ownership is the action or claim formulated in an execution process by a third party who is unrelated to the procedure, but who is the owner of the property that is seized or confiscated in said execution, to oppose the seizure or realization because he is the legitimate owner of the property. same. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is confiscation? Confiscation is regulated in article 127 et seq. of the Penal Code . It refers to the loss that comes with any conviction for an intentional crime of the effects of the crime, the instruments or means with which it was perpetrated, or the profits obtained from it.

Examples of situations in which the confiscation of property would be possible in criminal proceedings Example 1 Imagine that you lend your car to your son/daughter and he/she, without you knowing it, is dedicated to distributing narcotic substances from bar to bar with that car, where he also stores the drugs. The police make the arrest on the spot and seize the drugs and the car itself. In the conviction, your son/daughter is sentenced to prison, a fine of 80,000 euros and the confiscation of the car, which remains yours even though you have not been called to the procedure to make DM Databases allegations: what can you do? Example 2 Imagine that you live with your partner and in the shared home you have the savings from a lottery that you won last year. You keep them in cash under the mattress. Your partner or roommate is being investigated for drug trafficking and the police carry out an entry and search in the common home. They find your 20,000 euros under the mattress in the registry and confiscate them because they understand that they come from your partner's criminal activity.



They condemn your partner, who cannot afford to pay the fine imposed in the sentence, so the 20,000 euros confiscated are attributed to the payment of the fine. When does third party ownership apply in criminal execution? The participation of a third party affected by the confiscation of assets is regulated in article 803 ter of the Criminal Procedure Law . That is, his intervention in the procedure is expressly provided for in the law. Then, the action of third party ownership has a place in criminal enforcement when the true owner of the confiscated or seized property has NOT been called to the procedure to formulate allegatiohe accused. As stated by the Supreme Court in its ruling no. 844/2007, of October 31, “the criminal jurisdiction has the power to delimit fraudulent situations and to verify the true reality that underlies apparent legal ownership . ” That is to say, if the person who owns the property is called to the criminal proceedings to allege whatever right is appropriate regarding the property of which he or she is the owner, the criminal court itself may decide on the true ownership or origin of the confiscated property and the destiny of the same.