The Content of the Concept of «Legal Owner» in Deciding the Fate of Material Evidence in the Form of Property Obtained as a Result of a Crime, and Income from this Property

Abstract

The paper reveals the meaning of the term «legal owner» in relation to material evidence in the form of property obtained as a result of a crime, and income from this property. It is noted that the absence of the content of this concept in the criminal procedure law causes difficulties in its interpretation by law enforcement agencies. The essence, legal nature, the mechanism for the implementation of restitution in the Russian criminal procedural law are disclosed. Problematic situations and possible solutions to the application of criminal procedural restitution are considered, when both the victim of the crime and the conscientious purchaser of property obtained by criminal means simultaneously claim to be the «legal owner» of material evidence. The possibility of applying in the criminal procedure the norms of civil law on the prohibition of reclaiming certain objects of civil rights from bona fide purchasers is analyzed. The conclusion is substantiated that under the legal owner specified in paragraph 4 of part 3 of Art. 81 of the Code of Criminal Procedure of the Russian Federation should be understood as the owner of property lost as a result of a crime, as well as another person who legally owned it at the time of the crime.