Subject of Dispute: Challenging the Investigating Judge’s Ruling Refusing to Lift Property Seizure after Criminal Proceedings Closure.
The court was guided by the following key arguments: firstly, current criminal procedural legislation does not contain a clear prohibition on appealing investigating judge’s rulings on property seizure after the completion of pre-trial investigation; secondly, the right to appeal is a constitutional guarantee and must be ensured regardless of a direct indication in the procedural law; thirdly, the appellate court’s refusal to review such a ruling violates a person’s right to judicial protection.
The court decided to cancel the appellate court’s ruling refusing to open proceedings and to refer the case for a new appellate review.
