How to cancel the seizure of property in criminal proceedings?

When is property seized in criminal proceedings?

Canceling the seizure of property in criminal proceedings is one of the most complex legal processes.

Property seizure should be understood as imposing a ban on the right of the accused to alienate, dispose of and use property in order to fulfill the tasks of criminal proceedings. According to the provisions of the Criminal Procedure Code of Ukraine (Article 170), the main features of such an arrest are:

1. temporary nature of this measure - carried out only as long as there are reasonable suspicions that the property may be evidence in criminal proceedings, is subject to special confiscation; to compensate for damage under a civil claim in criminal proceedings, etc.;
2. the presence of legal grounds for its imposition provided for by law - obtaining a ruling from an investigating judge or court by the accused, suspect in criminal proceedings;
3. the specific purpose of the arrest, which corresponds to the objectives of the criminal proceedings and is appropriate from the position of the investigator or prosecutor - must be carried out in order to avoid the possibility of concealment, damage, spoilage, destruction, alienation of the relevant property (if it serves as evidence in criminal proceedings, as a means of compensating the victim, illegally obtained benefit from the activities of the suspect or accused).

What property can be seized in criminal proceedings?

The Criminal Procedure Code does not provide clear criteria for determining what property can be seized. Therefore, it can be any movable or immovable property of a person, if necessary for the purposes of criminal proceedings. Most often, the following property of a suspect or accused is subject to seizure: a vehicle, money, real estate (apartment, house, etc.), documents, and other things.

Appealing an arrest: a step-by-step procedure

The current legislation of Ukraine provides for the possibility of appealing and canceling an arrest. Thus, in accordance with Article 174 of the Criminal Procedure Code of Ukraine, the arrest of property in criminal proceedings may be appealed during the pre-trial investigation, preparatory court hearing, directly during the trial and automatically canceled upon the closure of criminal proceedings by the prosecutor (if it is not subject to special confiscation according to the law).

This procedure is step-by-step and consists of:

• preparation of a petition by the suspect, accused, other property owner, defense attorney to cancel the arrest on the grounds of the groundlessness of its imposition by the decision of the investigating judge, court, or if there is no longer any need for criminal proceedings;
• sending the petition directly to the investigating judge (during the pre-trial investigation) or to the court (at the time of the preparatory meeting, court hearing of the case) and waiting for its consideration and decision within three calendar days;
• obtaining a ruling from the investigating judge or court on the cancellation of the arrest.

The motion to cancel the arrest must be substantiated and contain a clear position of the party's argument. As noted by a criminal law attorney at the Law Firm "Prikhodko & Partners", examples of justified grounds for canceling the arrest of property in criminal proceedings may include:

• changing the qualification of the actions of the suspect or accused to an article of the Criminal Code of Ukraine that does not provide for confiscation of property as an additional punishment, if the arrest was imposed to ensure this very purpose;
• erroneous imposition of an arrest on the property of persons who do not have the status of suspects, accused and do not bear material responsibility for the actions of other persons in accordance with the law.

What assistance can a lawyer provide to cancel the seizure of property in criminal proceedings?

Seeking professional legal assistance when appealing the seizure will increase your chances of obtaining the desired result. Leading lawyers and lawyers of the Law Firm “Prikhodko & Partners” have the necessary professional experience in such cases and can provide interested clients with full legal support, starting with consultation and analysis of the case, ending with the submission of a high-quality petition to cancel the seizure of property in criminal proceedings and supporting the client throughout the process.

Conclusions. The seizure of property in criminal proceedings is valid only as long as there are reasonable grounds for such seizure, in particular to prevent the concealment, destruction, damage or alienation of property as material evidence in the case, to compensate the victim for damage, to ensure the confiscation of illegally obtained assets, etc. The legislation of Ukraine allows you to appeal the seizure by submitting a petition to the investigating judge or court during the pre-trial investigation, at the stage of the preparatory court hearing, in the process of judicial consideration of the case. Legal support significantly increases the chances of successfully canceling the seizure.

Attorneys and lawyers of the Law Firm “Prykhodko & Partners” analyze your case, prepare substantiated motions, collect the necessary evidence and represent the client’s interests in court. To receive legal advice, fill out the form below.