Problems of restitution of securities and other property in criminal proceedings

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Abstract

Purpose of the study. The article discusses the problems of returning property lost as a result of a crime to the victim. The judicial practice of returning stolen property through restitution in cases where the property was sold to a bona fide purchaser is analyzed. The purpose of the study is to identify the features of restitution in criminal proceedings of securities as property that has a special regime of legal regulation.

Conclusions. For documentary securities held by the subject of a crime or persons associated with him, criminal law restitution does not lose its meaning and is subject to application in criminal proceedings, regardless of the specifics of the legal regulation of securities. At the same time, documentary securities acquired in good faith are not subject to transfer within the framework of criminal proceedings from a bona fide acquirer to the victim due to the delimitation of the subject of regulation between criminal procedural law and other branches of law, as well as due to special rules on the protection of the rights of securities owners. The issue of the fate of documentary securities obtained as a result of the commission of a crime by third parties, whose bad faith has not been proven in a criminal case, must be resolved through civil proceedings. The current Code of Criminal Procedure of the Russian Federation must be supplemented with a special norm of corresponding content.

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About the authors

Rashid M. Khusnutdinov

Izhevsk Institute (branch) All-Russian State University of Justice

Author for correspondence.
Email: rashid@list.ru
ORCID iD: 0009-0001-9711-4615
SPIN-code: 6221-1857
ResearcherId: JGD-5891-2023

senior lecturer at the Department of Criminal Law and Procedure

Russian Federation, Izhevsk

References

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