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Publication date: 22.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Seizure of property is one of the measures to ensure criminal proceedings in Ukraine, provided for by the Criminal Procedure Code (CPC of Ukraine). Seizure of property is an important tool in the criminal process, which ensures the preservation of property that may be the subject of a crime or be used to cover damage caused by a criminal offense.
Purpose of arrest:
The purpose of seizure of property in criminal proceedings is to ensure various aspects of justice and the implementation of criminal legislation. The main purposes of seizure of property include:
- Seizure of property can be used to ensure the preservation of physical evidence that can be used during a trial or investigation. This is important in order to avoid the possible destruction or alteration of evidence that could affect the outcome of criminal proceedings.
- Special confiscation is a measure of a criminal legal nature, which provides for the seizure of property that is the subject of a crime or obtained as a result of criminal actions. Seizure of property provides the possibility of applying special confiscation by court decision.
- Seizure of property can be applied in cases where the property is the object of confiscation as a form of punishment for individuals or a measure of a criminal law nature against legal entities. This may include confiscation of property belonging to convicted persons or legal entities.
- Seizure of property can also be used to ensure the possibility of compensation for damages caused by a criminal offense if the victim files a civil lawsuit. This ensures the possibility of collecting the amount of compensation for the damage caused. For legal entities, seizure of property can be used to collect ill-gotten gains resulting from criminal activity in order to enforce court-ordered financial obligations.
Question
How to establish the legality of seizure of accounts?
Answer
It is necessary to check whether the sanction of the articles of the Criminal Code of Ukraine, according to which the indictment was brought, provides for the confiscation of property as a form of punishment. Check whether special confiscation can be applied, which provides for the seizure of property that is the subject of a crime or obtained by crime. Determine whether the investigator determined the specific amount of damage caused by the crime. Check if a civil claim has been filed for damages.
Petition to cancel the seizure of accounts:
A petition to cancel the seizure of property can be submitted by the suspect, the accused, their defense counsel, legal representative, other owner or possessor of the property, as well as the representative of the legal entity against which criminal proceedings are being conducted. This petition is considered by the investigating judge during the pre-trial investigation and by the court during the trial.
- The right to petition: The suspect, the accused, their counsel, legal representative, other owner or possessor of the property, as well as the representative of a legal entity, have the right to petition for the cancellation of the seizure of property.
- The procedure for submitting and considering the petition: The petition is considered by the investigating judge (if it is submitted during the pre-trial investigation), or by the court - in the case of submission already at the stage of court proceedings.
- Grounds for the request: If the seizure is imposed on the account of the enterprise, it is necessary to find out whether the period for which the crime is incriminated corresponds to the period when funds were received into the account. It is also important to confirm the source of these funds.
- Documents to confirm the circumstances: contracts with counterparties that can confirm the legality of receipts of funds, expense invoices that confirm the facts of shipment of goods or provision of services, acts of completed works (provision of services) that prove the performance of certain works or the provision of services, which may be important for confirmation of the legality of financial receipts., as well as bank statements (payment orders) because they provide information about financial transactions on the account, including the date, amount and counterparties, which can help confirm the source of funds and compliance with the period.
Question
What is the application procedure?
Answer
Collect all relevant documents, such as contracts, invoices, acts and bank statements, which confirm the legitimacy of the funds in the account. Prepare a written request in which you indicate why the attachment of the property should be partially or completely lifted. Point out that the funds in the account are not involved in the crime. File a motion with the investigating judge.
Legal services in the process of canceling the seizure of accounts:
The services of a lawyer in the process of canceling the seizure of accounts in criminal proceedings are critical for the protection of the client's rights. A lawyer can provide professional support at every stage of this process. Here are the types of legal services that can help in this case:
Lawyer consultation and legal analysis of the situation: The lawyer services online checks whether the legal requirements for the seizure of the accounts have really been met. This includes checking the legality and reasonableness of the decision of the investigating judge or court.
Preparation of documents: The lawyer helps to collect all the necessary documents, such as contracts, expense invoices, reports of completed works, bank statements, etc., which confirm the legality of receipts to the account and the source of funds. The lawyer prepares a written request to cancel the arrest, which must be substantiated and detailed. He also ensures that all documents are properly completed.
Formulation of the legal position: The lawyer help formulates clear legal arguments for the cancellation of the arrest. This may include indications that the seizure was wrongful, or that the funds in the account are not related to criminal proceedings. It helps in the preparation of justifications that confirm the legality of receipts, especially important if the funds were received within the scope of legal activities.
Services of a lawyer in court representation: A criminal lawyer represents the client's interests in court or before an investigating judge, submitting a motion to cancel the seizure of property. The lawyer ensures that the client's rights are respected during the consideration of the petition. He can give explanations, submit additional evidence and answer the court's questions.
Filing a petition to cancel the seizure of property is an important right to ensure justice in the criminal process, especially when there is reason to believe that the seizure was imposed illegally or without sufficient grounds. In order to successfully consider the petition, it is necessary to provide clear and convincing evidence confirming the legitimacy of the funds or property. A lawyer advice in canceling the seizure of accounts is important for ensuring the client's rights and effectively protecting his interests. Lawyer services can provide professional support, ensuring proper compliance with the law and protection of the client's rights at all stages of the proceedings.
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