The Constitutional Court of Russia has ruled that bailiffs can seize a vehicle confiscated from a convicted drunk driver even after their death, regardless of whether the vehicle was jointly acquired property of the spouses. This decision stems from a case where a widow challenged the confiscation of her deceased husband’s car, arguing it was jointly owned.
The court upheld the confiscation, emphasizing the priority of protecting the life and health of the public from drunk driving. It stated that the confiscation of a vehicle for repeated drunk driving is a proportionate measure to the public danger posed.
The case originated from Abakan, where a man was convicted of drunk driving in August 2023. He received a sentence of mandatory work, a driving ban, and the confiscation of his “Toyota Prius.” He died in December 2023, after which the bailiffs seized the car. His widow then contested the seizure, arguing the car was jointly owned, but lower courts ruled against her.
The Constitutional Court clarified that the confiscation is permissible even if the vehicle is jointly owned because spouses share equal responsibilities and should influence each other’s behavior. While acknowledging the restriction of rights for an innocent spouse, the court views this as an additional incentive to prevent drunk driving.
The court’s ruling stresses that the death of the convicted individual does not nullify the original goal of the confiscation, especially if the guilty verdict was in force before their death and the transfer of ownership was in progress.
Although the Constitutional Court deemed the current law constitutional, it suggested that federal legislators could introduce amendments to further improve legal regulations in this area.