Publication date: 31.05.2024
Peculiarities of temporary seizure of property in criminal proceedings in Ukraine
Introduction
Temporary seizure of property is one of the key measures to ensure criminal proceedings in Ukraine. It consists in the actual deprivation of the suspect or other persons of the ability to own, use and dispose of certain property until the issue of its arrest, return or special confiscation is resolved. Most often, property is seized during a search, but it is not always clear what kind of property is considered temporarily seized. This article examines the legal aspects of temporary seizure of property, focusing on the provisions of the CPC of Ukraine and court practice.
The main part
Legal grounds for temporary seizure of property
Pursuant to Article 236(7) of the CPC of Ukraine, items and documents seized during a search that are not included in the list for which permission to search is expressly granted in the search warrant and do not relate to items withdrawn from circulation by law are considered temporarily seized property. This means that property not specified in the court order automatically acquires the status of temporarily seized property.
Contradictions in the interpretation of legislation
The prosecution often interprets this rule in its own way, arguing that the property listed in the search warrant is not temporarily seized and is not subject to further seizure. However, this position contradicts the current criminal procedure legislation. According to Article 167(2) of the CPC of Ukraine, property seized during a search acquires the status of temporarily seized regardless of whether a search warrant was issued. You may be interested in the following articles: legal advice, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
Criteria for seizure of property
Property is seized during a search if there are grounds to believe that it is:
- Anything found, manufactured, adapted or used as a means or instrument of a criminal offense, or retaining traces of it.
- It was intended (used) to induce a person to commit a criminal offense, finance it, provide material support or reward for its commission.
- It is the subject of a criminal offense, including one related to illegal trafficking.
- Anything obtained as a result of a criminal offense and/or constituting the proceeds of a criminal offense, as well as the property into which it has been converted.
Procedural aspects and deadlines
The law provides for a time limit within which the investigator or prosecutor must file a motion to seize the temporarily seized property. If this is not done, the property must be returned to the owner immediately. The authorization to search for certain items does not create conditions for their automatic seizure; this issue is resolved separately on the basis of a relevant motion.
Conclusion.
Temporary seizure of property during criminal proceedings is an important tool for ensuring justice. However, its use must be clearly regulated and comply with the law to avoid unreasonable restriction of property rights. It is important that all participants in the criminal process, including the prosecution, comply with the requirements of the CPC of Ukraine and take into account that all property seized during a search acquires the status of temporarily seized, regardless of whether it was specified in the court order.
