Seizure of property is among the most common measures related to the legal support of criminal proceedings. Seizure can be imposed on both immovable and movable property, money, accounts, and securities. In addition, corporate rights may be subject to arrest. The issue of removing the arrest from property after closing the criminal proceedings is quite complex, and therefore requires a professional approach. Lawyers Prykhodko and Partners will help to remove the arrest from the property.
Ways to remove seizure from property
Removal of seizure from property after closing of criminal proceedings takes place on the basis of one of the methods:
- Appealing the resolution adopted by the investigative judge on the seizure of property. It is carried out in the appeal procedure.
The decision on arrest is appealed in the appeals court within 5 days from the moment of its announcement. If the complainant was not present at the court session, the term begins from the moment of receiving a copy of the decision.
- Appeal to the court or investigating judge with a request to remove the seizure from the property.
An appeal against the court’s decision is submitted directly to the representatives of the court of appeal. This is expedient in order to prevent the court of first instance from committing procedural violations related to the establishment of an arrest warrant. Thus, the relevant decision can be considered unfounded and illegal.
Important: the seizure of property should not prevent the full-fledged professional activity of the legal entity whose property was seized. For example, if corporate rights, bank accounts, or any other property of a legal entity were seized, and this prevents the full conduct of business, there are grounds for canceling the seizure.
Thus, the petition for cancellation of property is considered by the investigating judge. No later than 3 days after this petition is received by the court, the investigating judge must consider it. The person who prepared the petition is notified of the place and time of the hearing (part two of Article 174 of the Criminal Procedure Code of Ukraine).
At the same time as issuing a decision to close a valid criminal proceeding, the prosecutor cancels the seizure of property. This ends the consideration of the case in court.
Is it possible to appeal the seizure of property in the course of open criminal proceedings?
The accused, the suspect, their legal representative or defender, the owner of the property or the representative of a legal entity have the right to submit a petition for partial or complete cancellation of the arrest. During the pre-trial investigation, such a petition is considered by the investigating judge, during the court proceedings – by the court (Article 174 of the Criminal Procedure Code of Ukraine). Such cases are quite common in practice. However, there is no need to worry, you need to provide the judge with grounds for canceling the arrest. Among such reasons, for example, the lack of interest on the part of law enforcement agencies regarding the seized property.
Assistance of professional lawyers in removing the attachment from the property after closing the criminal proceedings
Seizure of property with the termination of a criminal case is a public encumbrance of property rights. This means that the grounds for further seizure of property have disappeared. Among other things, the possibility of applying the procedure for canceling the arrest, which is determined by criminal procedural relations, is lost. In such a case, seizure of property is an unlawful restriction of a person’s right to use property that belongs to him.
Lawyers Prykhodko and Partners will help to remove the arrest from the property after closing the criminal proceedings.
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