Asset seizure is an interim measure
Property may be restrained to secure specified criminal-procedure purposes; the order is not a finding that the owner committed an offence or that the property will ultimately be confiscated. Defence analysis should test the legal ground, evidential nexus, necessity, scope and continuing duration asset by asset.
What Article 151 requires
The Criminal Procedure Code contains several grounds for seizure. The current framework includes cases where property is connected with alleged criminal conduct and restraint is necessary to prevent a new offence, protect property from damage, prevent concealment or alienation, or secure possible deprivation. Other provisions address compensation, corruption-related property and specified persons or entities.
Trace acquisition, control, value and the statutory nexus
An asset held by a company, relative or other person may still be targeted under a pleaded ground, but the prosecution must bring the case within the Code. The affected person should document independent funds, acquisition date, beneficial interest, liabilities and actual control.
Court ruling and urgent prosecutor’s decree
The ordinary route is a prosecution motion decided by the court. In urgent necessity, a reasoned prosecutor’s decree may be used where concealment or destruction is feared, followed by prompt judicial review under Article 155. Check the enforcement time, court filing and the materials said to justify urgency.
Bank and electronic accounts
An account restraint may prohibit administration of all funds or only the specified amount. Compare the court ruling with what the bank implemented, including later incoming funds, linked accounts and payment access. Identify payroll, tax, essential operating, client or third-party funds and any practical request that can be supported without undermining the legal challenge.
Evidence for an owner or third party
- Court ruling, prosecutor’s decree, enforcement notice and proof of service
- Title, acquisition, loan, security and beneficial-ownership documents
- Bank statements, accounting entries and source-of-funds evidence
- Valuation, asset condition and effect on business or dependants
- Contracts and records showing third-party, client or creditor interests
- Chronology connecting or separating the property from the alleged conduct
Appeal and modification
Article 156 permits appeal by the prosecutor, accused, a person whose material rights were violated and their lawyers, using the Article 207 procedure. The appeal clock runs from delivery to the authorised person. A focused appeal identifies the unsupported ground, missing nexus, excessive scope, ownership error or evidence overlooked.
Duration and continuing review
The period depends on the ground. The Code includes staged 12-month periods for specified Article 151(3¹) cases, with a different number of stages where international legal-assistance procedures have begun. Track the ruling, ground and stage; do not assume one expiry rule applies to every seizure.
Targeted disposal introduced in the current framework
The 2025 amendments created procedures for agreed targeted disposal of seized property or funds, including a reasoned application, written consent with counsel, prosecution motion and court review. This route may address compensation or another documented need, but it requires a separate strategic assessment and does not replace a challenge to unlawful restraint.
Business continuity and defence
Counsel can obtain the full order, compare it with enforcement, identify each owner and asset, prepare lawful-origin and valuation evidence, challenge urgency or scope, file the appeal, seek partial relief or targeted disposal where appropriate, and coordinate the property issue with the underlying defence.
Property seizure under the Criminal Procedure Code
Articles 151–158⁴ provide different restraint and challenge routes. Use the current Georgian wording and the exact freezing or seizure decision in the case.
Criminal Procedure Code — Articles 151–158⁴ and 207↗︎