The security forces of the Russian Federation sent for reconsideration the issue of confiscating a car driven by a convicted woman.
The Judicial College for Criminal Cases of the Supreme Court of the Russian Federation annulled the court's decisions regarding the non-confiscation of the Toyota Eleon car and its return to the convict's mother. The confiscation issue was sent for a new trial to the Court of First Instance in accordance with Article 399 of the Criminal Procedure Code of the Russian Federation, by a different composition of the court.
Citizen P was convicted according to Part 1 of Article 264.1 of the Criminal Code of the Russian Federation for driving while intoxicated after previously being subject to an administrative penalty for refusing to undergo a medical examination. She was sentenced to 200 hours of compulsory work and was denied the right to drive for two years.
The lower court decided to return the vehicle to the mother of the condemned, recognizing her as the legal owner. The appellate and trial courts upheld this decision.
The Deputy Prosecutor General of the Russian Federation appealed the court's decisions regarding the non-submission of confiscation. In his opinion, the car actually belonged to the defendant, even though it was registered to her mother. In support of the claim, it was stated, in particular, that the daughter used the vehicle, and information was also provided about its previous owners. The defense objected to the submission and pointed out that some of the materials cited by the prosecutor had not previously been examined in the courts.
The Supreme Court of the Russian Federation explained: According to clause "E" of Part 1 of Article 104.1 of the Criminal Code of the Russian Federation, a vehicle belonging to the accused and used by him to commit a crime according to Article 264.1 of the Criminal Code of the Russian Federation is subject to confiscation. The mere registration of the car to a certain person is not enough to establish its ownership: ownership rights arise from the moment the car is transferred to the buyer, not from its state registration.