Confiscation of Crime-Related Objects in Separate Proceedings

The court addressed the exceptional requirement for ordering the confiscation of objects used in committing a crime under Article 69 of the Criminal Code in separate proceedings rather than as an accessory to the main criminal case. The reasoning established that a separate confiscation procedure is only permissible under special circumstances, such as when no main criminal trial can be conducted or if waiting for the main decision would cause undue delay (e.g., for preservation of value or cost reasons). Where these special conditions are absent, as in the case where a vehicle used in a traffic offense was ordered confiscated during a pending investigation despite the property being already seized, the decision on confiscation must await the final judgment in the main proceedings, as an early confiscation constitutes a severe encroachment on property rights.