Security on real estate in criminal proceedings as an expression of the equivalence of the rules of interpretation in the practice of criminal court decisions

Abstract

The article analyses the institution of security on real estate in criminal proceedings in the context of combining in it the action of the organs of criminal proceedings in two different procedures and in two different procedural positions. The security takes place within the scope of an executive title in the form of a relevant decision and results from criminal proceedings at the in personam stage. The enforcement title obtained in criminal procedure is the basis for the entry of the compulsory mortgage to the land and mortgage register according to the regulations of civil procedure. The aim of the paper is to present the above issues both from the theoretical and practical point of view and to indicate the importance of criminal interpretation (both semantic and purposive) in land and mortgage register proceedings. Making a correct and exhaustive security should enable an efficient fulfilment of the claims of the State Treasury as well as the injured parties in criminal proceedings, and at the same time strengthen the practical context of the interpretation rules. The considerations of this essay point to the ratio praxis of the freezing order, which it should fulfil in order to constitute a quick and efficient tool of criminal proceedings.