Property belonging to a victim which was confiscated or seized in criminal proceedings must be returned by way of court order to the victim as soon as the verdict becomes final, provided that the court is convinced that the object is really owned by the victim.
Before that date, property may be returned at the victim’s request (motion for surrender) after the accused and any other involved persons have been heard, provided that
the property is not or no longer needed for evidentiary reasons; and
- neither the accused nor any other person assert concrete facts from which a title to the property may be inferred which would stand in the way of returning it to the applicant (e.g. a plausible statement of ownership by another person), and that no other circumstances would cast doubt on the applicant’s title.
In that case, the confiscation will be lifted and the object will be deposited at the first-instance court having jurisdiction for the seat of the court, where proceedings on the title to the property will be conducted.
A motion for surrender must be filed with the public prosecutor during the investigative proceedings, and with the court during the trial.