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Publication date: 22.05.2024
Removal of seizure from property in criminal proceedings
Within the framework of a criminal case, property can be seized for the following reasons:
1. Enforcement of the court decision.
Arrest may be used to enforce a court order, which may include forfeiture, fines, or other types of damages.
2 Provision of investigation.
An arrest can help preserve evidence or recover property that can be used in a case.
Grounds and procedure for cancellation of seizure of property
The norms of the Criminal Procedure Code contain two clear grounds that the applicant must prove in court in order to satisfy the court's request to cancel the seizure of property in a criminal case.
Grounds for the court to cancel the seizure of property in a criminal case are:
1. Evidence that the seizure of property is no longer necessary;
2. Proof that the arrest was imposed without justification.
The applicant's request to cancel the seizure of property must be considered by the investigating judge or the court within three days after its submission.
In order to consider the relevant petition, the judge must invite the applicant and the official who requested the arrest to a meeting.
In order to write and submit to the court a request for the removal of the seizure of property, the suspect, the accused or his lawyer must analyze in detail the purpose of imposing a seizure on the property, give an answer about the expediency and justification of such seizure, analyze whether the procedure was followed during the seizure or seizure of property, whether the seizure of the property was properly justified, whether it is in accordance with the law.And based on a detailed analysis - build the structure of your request and tactics in the protection and restoration of violated rights.
The seizure of property, in any case, must be canceled:
1. The prosecutor issuing a resolution on closing criminal proceedings.
2. The court with the adoption of a court decision acquitting the accused or closing the criminal proceedings.
3. The court with the adoption of a court decision in the event that the court has not imposed a punishment in the form of confiscation of property.
4. By the court in the case of leaving a civil claim without satisfaction or without consideration.
Who has the right to file a motion to cancel the seizure of property?
In accordance with the legislation of Ukraine, the following persons have the right to apply for the cancellation of the seizure of property:
1. A suspect or accused who is the owner or occupier of the property.
2. Defender of the suspect or the accused.
3. The legal representative of the suspect or the accused.
4. Another owner or owner of the property that was seized.
5. The representative of the legal entity in respect of which the proceedings are being conducted.
These persons can file a motion to cancel the seizure of property if they were not present at the hearing of the seizure. The motion to cancel the arrest is considered by the investigating judge during the pre-trial investigation or by the court during the court proceedings.
The author of the article practices providing legal assistance in the issues of canceling the seizure of property imposed on various grounds and in any court proceedings. For property seizure removal services, contact the managers of the "Consultant" legal service at phone number: +38073007400.Legal service "Consultant" provides a wide range of professional legal assistance, including in the following cases: removal of seizure from property in criminal proceedings, removal of seizure from property after the end of enforcement proceedings, removal of seizure from property during enforcement proceedings, removal of seizure from property after closing of criminal proceedings proceedings, removal of attachment from the property of the debtor for alimony, removal of attachment from property imposed by the state executor, removal of attachment from immovable property imposed by the court, removal of attachment from mortgage property and in many other cases.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers will carry out a legal analysis of the situation, make a comprehensive analysis of documents, prepare a legal opinion and ensure the representation of the client's interests in state authorities or a court, will take part in a court hearing in any city of Ukraine. Consulting a lawyer and legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
Legal service "Consultant" provides the service " lawyer's help online ".
