Temporary restriction of property rights in criminal proceedings: issues related to compensation for damages

Abstract

This article examines the application of temporary restrictions on property rights in criminal proceedings, and the issue of compensation for damage caused by this kind of coercive procedural measure. Although temporary restrictions on property rights serve important objectives, including securing compensation for criminal damage and enforcing property confiscation, they significantly interfere with the constitutional right to property and can have serious economic consequences for individuals and organisations. This is particularly relevant when the measure is applied over a prolonged period, and criminal proceedings subsequently end in discontinuation or acquittal.

The study uses documentary, systematic, logical-analytical, linguistic, and comparative legal methods to analyse the legal framework set out in Article 151 of the Criminal Procedure Code of the Republic of Lithuania and its relationship with the state's civil liability under Article 6.272 of the Civil Code. The study also examines the German compensation model under the Act on Compensation for Criminal Prosecution Measures (StrEG), focusing on its doctrinal interpretation and the judicial criteria concerning proportionality and the protection of property rights. The findings suggest that the Lithuanian model is fragmented and relies on proving the general conditions for state civil liability, thereby limiting the effective protection of infringed property rights. In contrast, the German model demonstrates the advantages of a specialised compensation mechanism and provides useful guidance for improving the Lithuanian legal framework.