The search is conducted with the purpose of revealing and fixing information about the circumstances of the commission of a criminal offense of finding the instrument of a criminal offense or property that was obtained as a result of its commission, as well as establishing the whereabouts of the wanted persons.
What things, objects, documents, property can be confiscated during a search?
I talk about types of property that can be seized by law enforcers during the search, then there are no restrictions: depending on the circumstances of the crime, investigation, it can be: clothes, shoes, notebooks, drafts, phones, computers, storage devices, documents , printing, household appliances, money, kitchen utensils and any other items.
The seized property can be conditionally divided into two types:
➜ Things and documents for which a permit for search and seizure has been explicitly granted permission to search and seize (in accordance with Articles 234, 235, 236 of the Criminal Procedure Code of Ukraine, such a list should be indicated in the decision of the investigating judge).
➜ Things and documents for which the resolution does not provide a direct permit for search and seizure, but which are relevant to the investigation.
Method of lawyer:
➤ Collection of evidence and proof of the fact that seized property is not the subject of a crime. Preparation and submission of a relevant application to the investigator or prosecutor about the return of property.
➤ In the event of the prosecutor’s refusal or formal “withdrawal”, the preparation and filing of a complaint to the investigating judge, in the order of part 1 of article 303 of the Criminal Procedure Code of Ukraine.
➤ In case of intentional non-return of property by the investigator or the prosecutor, an application is prepared for the commission of the crime by the investigator or prosecutor under Art. 364 of the Criminal Code of Ukraine (abuse of power or official position), art. 365 of the Criminal Code of Ukraine (excess of authority or official authority by an employee of a law enforcement agency), art. 367 of the Criminal Code of Ukraine (official negligence), art. 382 of the Criminal Code of Ukraine (Failure to comply with a court decision).
The main task of the lawyer is to return the seized property to its owner.
Important! A lawyer must have experience in this area and clearly understand the consequences of his actions. Only in view of this, it is possible to guarantee the achievement of the ultimate goal – the return of property to the owner.