The Supreme Court called mandatory confiscation of a car for repeated drunk driving

The Plenum of the Supreme Court of the Russian Federation, in a prepared addition to the 2018 resolution “On some issues related to the use of confiscation of property in criminal proceedings,” clarified that the confiscation of a car upon repeated driving while intoxicated in accordance with Article 264.1 of the Criminal Code of the Russian Federation is subject to mandatory application.

The clarification of the Plenum of the Supreme Court states that Russian courts must keep in mind that confiscation of property, including vehicles, is subject to mandatory application if there are grounds for it and compliance with the conditions provided for in the relevant provisions of Chapter 15.1 of the Criminal Code of the Russian Federation (“Confiscation of Property”).

It is noted that the confiscation of a vehicle for repeated offenses, including driving while intoxicated, refusal to undergo an intoxication test, and others, was introduced into the Criminal Code of the Russian Federation in July last year. According to the explanation of the Plenum of the Supreme Court, the vehicle in these cases is confiscated if it belongs to the accused, as well as if it is in common ownership of the accused with other persons, for example, in joint ownership of spouses.