The Supreme Court clarified when joint property of spouses can be confiscated

The highest authority also clarified the rules for confiscation of smartphones and office equipment

A number of controversial cases of confiscation of property were clarified by the Supreme Court in the next resolution of its plenum. The court indicated under what conditions it is possible to confiscate property jointly owned by spouses.

The document states that the joint property of the spouses is confiscated even if only one of them committed the crime. In particular, we are talking about the confiscation of a car if it was driven by a drunk driver with a criminal record, or subjected to administrative punishment, or deprived of his license.

The resolution also clarifies which electronic devices should be considered “equipment or other means of committing a crime” subject to confiscation. These are personal computers (which include not only stationary machines, but also laptops and tablets), mobile phones, smartphones, and more. Devices that allow you to connect to the Internet may also be confiscated. The main condition for confiscation is that the defendant violated the law using these devices. For example, he found accomplices, entered into a conspiracy with them and discussed the details of the crime. Other options – the accused bought or sold weapons, explosives, drugs, distributed pornography or other prohibited materials, committed lewd acts, deceived victims in order to steal his money and other property.

In addition, the resolution states that interest on amounts obtained by criminal means are subject to confiscation, as well as funds themselves that were stolen or, for example, received as a bribe. Items purchased with illegally obtained money should also be confiscated, and vice versa – money received from the sale of stolen items should be confiscated.