Restaint order

Croatian translation: nalog za blokadu računa

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Restaint order
Croatian translation:nalog za blokadu računa
Entered by: John Farebrother

13:01 Feb 7, 2019
English to Croatian translations [PRO]
Law/Patents - Law (general) / Police
English term or phrase: Restaint order
What is a restraint order?
Essentially a restraint order under the Proceeds of Crime Act 2002 is an order made by a Crown Court judge, normally at the request of the police or other investigating or prosecuting authority, which effectively ‘freezes’ the assets (including bank accounts) of an individual or a company. A single restraint order may apply to several connected individuals and / or companies. A restraint order is typically designed to ‘freeze’ all the assets of the individual(s) and company(ies) to whom it is directed, including assets legitimately acquired and even including assets outside the UK.
John Farebrother
United Kingdom
nalog za blokadu računa
Explanation:
Europski nalog za blokadu računa omogućuje sudu u državi članici EU-a da zamrzne sredstva na bankovnom računu dužnika u drugoj državi članici EU-a.
Selected response from:

Alen Ontl, PhD
Croatia
Local time: 09:41
Grading comment
Hvala
4 KudoZ points were awarded for this answer



Summary of answers provided
4mjera zamrzavanja imovine
Elio Verbanac
4 -1nalog za blokadu računa
Alen Ontl, PhD
Summary of reference entries provided
Proceeds of Crime - Legal Guidance Revised 12 March 2018
Daryo

Discussion entries: 1





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
restraint order
nalog za blokadu računa


Explanation:
Europski nalog za blokadu računa omogućuje sudu u državi članici EU-a da zamrzne sredstva na bankovnom računu dužnika u drugoj državi članici EU-a.


    https://e-justice.europa.eu/content_european_account_preservation_order-379-hr.do
Alen Ontl, PhD
Croatia
Local time: 09:41
Specializes in field
Native speaker of: Native in CroatianCroatian
PRO pts in category: 12
Grading comment
Hvala

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: it's not limited to bank accounts - ANY type of property can be "frozen": houses, boats, race horses, cars, private jets, intellectual property, anything that can be owned - including plain cash. // and it's a UK law (England and Wales in fact).
23 hrs
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20 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
restaint order
mjera zamrzavanja imovine


Explanation:
https://www.google.com/search?q="mjera zamrzavanja imovine"&...

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Note added at 22 hrs (2019-02-08 11:19:52 GMT)
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"A restraint order is the criminal law equivalent to a civil litigation asset freezing order. It can have a worldwide effect."

https://www.corkerbinning.com/our-services/restraint-orders/

Elio Verbanac
Croatia
Local time: 09:41
Specializes in field
Native speaker of: Native in CroatianCroatian, Native in Serbo-CroatSerbo-Croat
PRO pts in category: 40

Peer comments on this answer (and responses from the answerer)
disagree  Jakov Milicevic:
2 hrs

agree  Daryo: ili "mera ograničavanja raspolaganja imovinom" (da ne bude šija nego vrat ...)
3 hrs
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Reference comments


2 days 5 hrs
Reference: Proceeds of Crime - Legal Guidance Revised 12 March 2018

Reference information:
Proceeds of Crime - Legal Guidance
Revised 12 March 2018

Chapter 2 - Restraint Order ........................... 7
Restraint Order – Introduction ....................... 7
Restrain Order - Legal Principles .................... 7
Key terms defined .......................................11
Ancillary Orders ..........................................13
Variation or Discharge of a Restraint Order .....14
Restraint Order – Practical Guidance ............. 15

Restrain Order - Legal Principles

A restraint order may be granted under s.41 and may have the effect of freezing property anywhere in the world that may be liable to confiscation following the trial and the making of a confiscation order. It may be made both against a defendant or a person under investigation together with any other person holding realisable property.

....

Key terms defined

Free property

Property is free property (see s.82) unless it is the subject of:
• a forfeiture order either under the Misuse of Drugs Act 1971 or the Terrorism Act 2000,
• a deprivation order under the Powers of Criminal Courts (Sentencing) Act 2000.
• an interim receiving order, a recovery order or an order for the detention or forfeiture of seized cash under the civil recovery provisions of the Proceeds of Crime Act 2002.

Realisable property

Realisable property is defined in s.83 as any free property held by the defendant and any free property held by the recipient of a tainted gift.

The term "property" is defined in s.84 and covers all property wherever situated and includes money, real or personal property, a thing in action, or other intangible or incorporeal property.

A person "holds" property if he holds an interest in it. A person obtains property if he obtains an interest in it, and one person transfers property to another, if the first one transfers or grants an interest in it to the second. References to an interest, in relation to property other than land, include references to a right (including a right to possession).
If the defendant or the recipient of a tainted gift has any interest in the property, the whole of the property is realisable property and may be restrained.

Companies

Companies enjoy their own legal personality separate and distinct from the defendant. In normal circumstances, therefore, assets of a company do not constitute realisable property of the defendant. However, a long line of authorities have established that where a defendant is the controlling mind of the company and it is a sham and/or has been used to facilitate the criminal conduct complained of, the court may pierce the corporate veil of the company and treat it as the realisable property of the defendant: see R v Boyle Transport (Northern Ireland) Ltd [2016] EWCA Crim 19.

.....
Tainted gifts

A gift is made if the defendant transfers property to another person for a consideration whose value is significantly less than the value of the property at the time of the transfer.
There are a number of ways that a gift will be tainted (see s.77):
....
....
....
Although a court can apply the wider definition of tainted gifts at the restraint stage (i.e. at point 1 above), if it is clear at that time that the defendant does not have a criminal lifestyle and that therefore the narrower definition will apply at the confiscation hearing, the court will have to take this into account when making the restraint order.

https://www.cps.gov.uk/sites/default/files/documents/legal_g...

Source of this document:

https://www.cps.gov.uk/legal-guidance/proceeds-crime

Proceeds of Crime
Revised: 12 March 2018 Legal Guidance, Proceeds of crime

Available to download
Proceeds of Crime - Prosecution Guidance
The Code for Crown Prosecutors
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.


***SHORT VERSION***

a "restraint order" can be about about "freezing":

-- money
-- real or personal property,
-- a thing in action, or
-- other intangible or incorporeal property

-- Companies (ownership of ...)

-- Tainted gifts

As explained by the CPS:

About CPS
The Crown Prosecution Service
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. The CPS is independent, and we make our decisions independently of the police and government.

Our duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to justice wherever possible.

The CPS:

decides which cases should be prosecuted;
determines the appropriate charges in more serious or complex cases, and advises the police during the early stages of investigations;
prepares cases and presents them at court; and
provides information, assistance and support to victims and prosecution witnesses.

...
https://www.cps.gov.uk/about-cps

Daryo
United Kingdom
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 56
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