Cancellation of seizure of property in criminal proceedings

Criminal Law
Yevhenii Dedov
21.01.2021
Law Services - Cancellation of seizure of property in criminal proceedings

    Arrest limits the property owner’s right to own and/or use and dispose of such property. Seizure of property in criminal proceedings is applied by judges:

    • for the preservation of material evidence;
    • special confiscation;
    • uses confiscation as a type of punishment;
    • to ensure compensation for damage caused by criminal offenses;
    • recovery from a legal entity of the received illegal benefit

      judge or court imposes an arrest on the property so that the property is not hidden, damaged, damaged, destroyed or alienated, including those sold.

    In accordance with Part 1 of Art. 172 of the Criminal Procedure Code of Ukraine, a motion to seize property is considered by an investigating judge, a court no later than two days from the date of its receipt to the court, with the participation of an investigator and/or prosecutor, a civil plaintiff, if the motion is filed by him, the suspect, the accused, another property owner, and, if any, also a defense lawyer, legal representative, representative of the legal entity in which the proceedings are carried out. Failure to submit these persons to a court hearing does not prevent the consideration of a motion.

    According to Part 2 of Art. 172 of the CPC of Ukraine, the motion of the investigator, prosecutor, civil plaintiff to seize property that has not been temporarily seized may be considered without notice to the suspect, accused, other property owner, their defender, representative or legal representative, representative of the legal entity in which the proceedings are carried out, if it is necessary to ensure the seizure of property.

    A person may apply for the abolition of property at any time without being limited in time both during the pre-trial investigation and during the trial. The seizure of property must be canceled if they prove that further application of this measure is no need or arrest is imposed unreasonably.

    Interested persons applying for the cancellation of arrest must apply to the investigating judge or court of the same territorial jurisdiction as the investigative body.  In accordance with the procedure established by Article 174 of the CPC of Ukraine, the suspect, accused, their defender, legal representative, another owner or owner of the property, a representative of the legal entity in which the proceedings are carried out, who were not present during the consideration of the issue of seizure of property, have the right to file a motion to cancel the seizure of property in whole or in part.

    The motion during the pre-trial investigation shall be considered by the investigating judge, and during the court proceedings – by the.

    The motion of the investigator, prosecutor, civil plaintiff to seize property that has not been temporarily seized may be considered without notice to the suspect, accused, other property owner, their defender, representative or legal representative, representative of the legal entity in which the proceedings are carried out, if necessary in order to ensure the seizure of property.

    Consequently, the ruling on the seizure of property is carried out immediately by the investigator, prosecutor.