CANCELLATION OF ARREST ON MONEY SEIZED DURING A SEARCH

 The issue of cash seizures is very relevant today. Almost every investigator or investigative team will not be tempted to seize money during a search of a suspect's or other person's premises during a property crime investigation, whether or not they relate to criminal proceedings.

  What is the status of money seized during a search?

 The status of the seized money depends on whether the money was specifically specified in the decision of the investigating judge to grant permission to search and identify, seize items and things. If the investigating judge does not explicitly state in the decision to confiscate the money, the cash seized by the authorized entities during the search acquires the status of temporarily confiscated property, which obliges the investigator to apply to the investigating judge for arrest. In the event that permission to withdraw money is granted by a decision of the investigating judge on granting permission to conduct a search, the property acquires the status of an arrested person.

What are the main arguments for lifting the seizure of the seized money?

 In most cases, the seizure of cash is imposed in order to preserve material evidence.

 The first argument for lifting the seizure of cash is that to seize in order to preserve material evidence, the investigator must first recognize the money as material evidence of the decision.

 As the pre-trial investigation body does not always make a decision to recognize the seized property as material evidence, it is possible to cancel the arrest.

 Secondly, if the money is seized for the purpose of preserving material evidence, it must contain the features of physical evidence provided for in Art. 98 of the Criminal Procedure Code of Ukraine. According to Art. 98 of the CPC of Ukraine, material evidence is those material objects that contain traces or other information that can be used as evidence in criminal proceedings, including items that were the object of a criminal offense or were obtained by criminal means.

 Thus, if the seized money does not have the above-mentioned features, it cannot be seized in order to preserve material evidence.

 Third, According to Part 2 of Article 173 of the Criminal Procedure Code of Ukraine, when deciding on the seizure of property investigating judge, the court must take into account: the possibility of using property as evidence in criminal proceedings (if the seizure of property is imposed in the case 170 of this Code).

 This means that the prosecution must prove the possibility of using the seized money as material evidence. In practice, it is very difficult to prove the possibility of using money that does not contain traces of a criminal offense during the pre-trial investigation, which complicates the investigator's ability to justify the need for this arrest.

 Thus, as we see, with the professional representation of the interests of the property owner, there is a good chance to cancel the seizure of money. Law office "Prikhodko and Partners" has extensive experience in lifting the seizure of money seized during the search. We will always be happy to help you get your money back!