Criminal Seizure in Luxembourg: Rights and Remedies

The Dual Purpose of Criminal Seizure

Criminal seizure serves a dual purpose. It can both facilitate the gathering of evidence useful in uncovering the truth, and ensure the future confiscation of certain assets.

Thus, the first purpose relates directly to the investigation itself: seizure is meant to enrich the criminal case file built by the investigating judge.

The second purpose aims to enable the future enforcement of a confiscation sentence. In this context, seizure acts as a provisional measure to make the application of asset confiscation easier.

Ending a Myth:

Seizure Applies to All Types of Property and Not Only to Suspects

When a seizure is intended to collect evidence in a criminal investigation, the only criterion required to justify it is the asset’s “usefulness in uncovering the truth” (such as a weapon, a bank’s internal documents, email inboxes, or IT servers).

When seizure is used to facilitate a future confiscation sentence, it can apply to any property (movable or immovable) that was used to commit an offense or is the result of a crime. This could include bank accounts or real estate financed with illegally obtained funds. The goal is to ensure that “crime does not pay.”

It is therefore important to dispel the myth that the seizure of property necessarily implies that its possessor or owner is suspected of a crime. The criteria discussed above relate solely to the property’s relevance in revealing the truth, its use, or its origin – factors entirely unrelated to the actions of its owner or possessor.

The Rights and Remedies Available to Individuals: The Need for Legal Counsel

In conclusion, seizure is a particularly effective measure whose use is on the rise. However, it must be implemented in a way that respects the rights of those affected – requiring the support of specialized legal counsel.

The experts at Brucher Thieltgen & Partners can provide the necessary support to help you prepare for a seizure, assist you during the operation, and defend your rights afterward.

If you wish to explore the topic further, we invite you to listen to our podcast on search and seizure:

The podcast is also available on our website and on all major listening platforms.

For any legal needs related to search and seizure, or more generally in criminal law, Brucher Thieltgen & Partners can support you. Visit brucherlaw.lu or contact our experts directly:

– Nicolas Thieltgen, Managing Partner: nicolas.thieltgen@brucherlaw.lu.

– Marie Bena, Partner: marie.bena@brucherlaw.lu.

– Fanny Gilliers, Counsel: fanny.gilliers@brucherlaw.lu.

– Bastien Desjardins, Senior Associate: bastien.desjardins@brucherlaw.lu.