AADE employees will be able to seize even inside the homes of those who owe money to the state.
In the new Public Revenue Collection Act (KEDE) passed by Parliament, there is a greater tightening of the current expropriation process, at the expense of debtors who owe money to the state.
The specific article of the code states that the employee may enter the dwelling or any other place in his possession during the execution, to open doors And the To carry out investigationsAnd the To open closed furniture, utensils or containers.
However, house raids and cell phone confiscations are in the hands of debtors There are no night hours, Sundays and holidaysUnless there is information that the debtor is preparing to leave abroad.
The compensation due from the insurance shall also be confiscated in the case of insured items.
KDE provisions
Specifically, Article 11 of the new KEDE states:
Powers of disposal to reserve mobile phones in the hands of the debtor
Whoever makes the confinement shall have the right, if the purpose of the enforced execution so requires, to enter the dwelling or any other place in his possession as an execution, open doors and carry out searches, as well as open the locked door. Furniture, utensils, or containers.
The person making the confiscation may request the assistance of the authority responsible for keeping order, which is obliged to provide it.
During the night, on Sundays and on public holidays, mobile phones cannot be confiscated in the hands of the debtor, unless the action is taken in accordance with Article 8, (information that he will travel abroad) and in this case appear as a witness, rather than an adult, chief A municipality, mayor, mayor, advisor, advisor, civil servant or police authority.
At the expense of companies that operate during the above-mentioned time periods and have total overdue debt approved, exclusively to the state, more than fifty thousand (50,000) euros, it is allowed, by way of derogation from the previous paragraph, to confiscate mobile phones in the possession of the debtor within the facility during its opening hours And throughout the year.
A police officer or police officer appears as a witness to the confiscation during the night hours.
Article 12
Multiple spells
Any prior expropriation by the State or third parties does not prevent requisition under Article 10, and requisition by the State does not prevent requisition by others. Notification of anything does not constitute a presumption of a waiver of the reservation. Without prejudice to Article 22, in the event of multiple confiscation, rights and implementation costs are not entitled to except those whose confiscation ended hastily, as well as the state. When implementation is expedited by the state, the advertised third-party lender cannot continue the auction.
Article 13
Consequences of confiscating cell phones
The debtor is not entitled from the day of seizure if he was present or absent from handing over a copy of the seizure report to confiscate or dispose of in any way the seized items and any such act, for example. As long as this is done without the written consent of the AADE Commander, it is not automatically valid.
If the seized items are insured, the seizure also applies to the compensation payable from the insurance. Pay compensation to the defendant if the execution by the insurer is void, after notifying the insurer in writing of the confiscation to enforce the seizure.
Article 14
Confiscation of coins and securities
If the confiscated mobile phones are money in local currency, then after deducting the costs of execution, the confiscated person immediately deposits them in the AADE service that imposed the reservation, for which a receipt was issued or to the account of the Greek state, for which a deposit receipt is issued, in credit for religion. For any excess amount, if the debtor is not present or does not accept to be paid to him immediately, a promissory note is issued in his favour.
The foreign currency shall be converted into local currency by the head of the AADE service in the area to which the expropriation was imposed, through the Bank of Greece, and then transferred to a Greek State bank account in accordance with paragraph 1.
Securities confiscated by the person seized are handed over to the pre-deposit fund and loan and a pre-deposit promissory note is issued in favor of the state, paid on the order of the governor of AADE. The reserved securities shall be sold in accordance with the provisions of a decision issued on a case-by-case basis by the AADE Governor. 4. Securities shall be confiscated in order in accordance with Paragraph 1 of Article 954 of the Civil Code.
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