Subject of Dispute: Challenging the Investigating Judge’s Ruling on the Transfer of Amber for Sale in Criminal Proceedings Where No Suspicion Has Been Notified
Main Arguments of the Court:
1. The Court first recognized that the current version of the Criminal Procedure Code does not allow challenging the investigating judge’s ruling on the sale of property during pre-trial investigation where no suspicion has been notified.
2. Such prohibition violates the constitutional right of a person to judicial protection and the right to property.
3. The impossibility of appeal creates a risk of unjustified termination of property rights without proper judicial control.
Court Decision: To cancel the ruling of the appellate court and assign a new review in the appellate instance, effectively providing the owner with the right to challenge the transfer of property for sale.
