Return of property seized during a search

A search is one of the investigative actions, which, in practice, can become the culmination of the entire investigation. The vast majority of searches in Ukraine end with the seizure of property. At the same time, not only the property specified in the search warrant decision, but also the so-called "temporarily seized property" can be seized. Property seized in this way is subject to seizure. The arrest is imposed by the investigating judge. However, in most cases, property owners are not summoned to court. That is why, in order to return the property seized during the search, it is necessary to use the help of professional lawyers - PRIKHODKO & PARTNERS lawyers.

Is it possible to return confiscated property at the stage of pre-trial investigation?

PRIKHODKO & PARTNERS lawyers apply the following practice: preparation of the basis for the possibility of property return already at the search stage. Such actions may include:

• Recording of all committed violations.
• Compilation of the list of seized items + displaying them in the protocol.
• Making qualitative comments to the search protocol.

 
In the future, all of the above tools can be used for effective property recovery. In addition, there is a possibility of preventing law enforcement representatives from conducting a search due to procedural violations. However, nevertheless, in Ukrainian realities, situations often occur when documents and things are seized during a search. The further algorithm of actions of lawyers will depend on the legal status of the confiscated property:

1. Property under arrest.
2. Property that is not subject to seizure.
3. Property seized during a search and identified as evidence without seizure.

Peculiarities of the procedure for returning property seized during a search

The ideal option for returning confiscated property is to initiate this process by the law enforcement officers themselves. Of course, we are talking about property that, according to the Law, law enforcement officers do not have the right to keep. In most cases, confiscated property has to be returned in court.

Currently, the Criminal Procedure Code of Ukraine does not clearly outline the procedure for returning temporarily seized property.

The algorithm of actions is established on the basis of the analysis of the norms of the Criminal Procedure Code in relation to such procedures as: search, arrest, submission of relevant petitions, appeal of actions/inaction at the stage of pre-trial investigation.

Assistance of a lawyer in carrying out the procedure for the return of property seized during a search

The return of temporarily seized property is one of the activities of the lawyers of our law firm PRIKHODKO & PARTNERS. Correct procedural actions of lawyers are aimed at protecting the rights of our clients in accordance with current Ukrainian legislation.

A well-thought-out protection algorithm allows you to get the desired result - the return of the property seized during the search. An individual approach to considering each specific case is the key to our success.

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