Questão jurídica principal
Whether a criminal seizure may secure a possible compensatory claim even when the injured party may later receive restitution or allocation under Art. 73 CP.
Decisão extraída
Yes. A seizure may be ordered to secure an eventual compensatory claim, even where an injured party exists, because the victim and the State may both have interests protected by the measure.
Fundamentação extraída
The court held that Art. 71(3) CP allows seizure for execution of a compensatory claim and is not excluded by the presence of an injured party. Otherwise the perpetrator would be privileged, and the victim's and State's potential entitlement under Art. 73 CP would lack security.