Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Confiscation of property in criminal proceedings
One of the integral parts of modern criminal law is the confiscation of property. Especially when it comes to crimes in the economic sphere. Confiscation, on the one hand, is a tool for restoring justice (return of assets), on the other hand, it is one of the ways to deprive a person of the right to property. In this article, we will consider in detail the issue: confiscation of property in criminal proceedings.
Main features of property confiscation
The provisions of the Criminal Code of Ukraine distinguish the following features of private property confiscation:
- Property confiscation is an additional type of punishment.
- It is imposed in cases where the sanctions of the article under which the suspect is charged provide for such a type of punishment.
- Property confiscation is imposed for crimes that can be characterized as serious or especially serious (directed, for example, against the basic foundations of public and national security of Ukraine).
In addition, the following factors are taken into account during confiscation: first, the property must be owned by the convicted person; second, the seizure of this property is carried out free of charge, it becomes the property of the state; third, such a punishment is applied exclusively to adults.
The current Criminal Code of Ukraine does not clearly define a specific list of property subject to confiscation. Although part three of Article 59 of the Criminal Code of Ukraine is given as an example. However, after analyzing this article, we can conclude that there is no codified list of property subject to confiscation in the legislation of Ukraine.
Article 49 of the Criminal Code of Ukraine states that property that may be in joint (partial) ownership of a person is subject to confiscation. For example, a share in the ownership of an apartment; a part of shares, securities, etc. At the same time, there is an amendment to this article: private property that is necessary for life/residence, etc. of persons who are dependent on it, is not subject to confiscation. Therefore, the issue of confiscation of property still requires legislative refinement. It is this factor that the lawyers of our law firm “Prikhodko and Partners” use, protecting the interests of the suspect/accused in criminal proceedings.
Special confiscation of property: punishment?
The concepts of confiscation and special confiscation are very often confused. As indicated above, confiscation of private property is one of the types of punishment provided for by current Ukrainian legislation.
Confiscation of property can be applied in cases where a person has been found guilty under one of the articles of the Criminal Code of Ukraine. What does this procedure entail? A convict is forcibly and free of charge seized part or all of the property that is officially in his possession.
Please note: confiscation is applied only to the private property of a convict that was acquired legally. The main purpose of such actions is to punish and acquit the convict.
In turn, special confiscation is not considered a punishment. It can be applied to things that:
- Were used to commit illegal acts.
- Were acquired as a result of committing criminal activity.
The main goal of the investigative bodies when committing special confiscation is to control that a person does not receive financial benefits as a result of illegal actions. Property can be seized not only from the person who was convicted, but also from other persons. An important condition: the persons involved must be aware that the property they received is related to illegal behavior. For example, an official received an illegal benefit in the amount of 200 thousand dollars. These funds will be seized based on the application of special confiscation mechanisms.
When it comes to the seizure of assets in favor of the state, this is a sanction. In this case, the main document is the Law of Ukraine “On Sanctions”. To seize assets, the Ministry of Justice of Ukraine must file a lawsuit with the High Anti-Corruption Court. Seizing assets in favor of the state in this situation is a measure to deter a person from similar behavior in the future.
Thus, confiscation of property is an important tool for ensuring the state’s defense capability and maintaining public order. The procedure is regulated by current legislation. Its application is carried out in accordance with established procedures and rules.
In order to avoid confiscation, we recommend that you follow the rules and laws of Ukrainian legislation. If you need the help of a lawyer in a criminal case, the specialists of our law firm will be able to provide you with highly qualified legal support. In our arsenal are effective strategies for protecting each of the participants in a criminal case.
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