Publication date: 05.06.2024
The concept of seizure of property
Seizure of property is a limitation of the right to ownership of property, which is carried out by prohibiting the owner or other persons from managing, using or possessing this property in full or in part. Such a measure is used to ensure the possibility of property confiscation or compensation for damage caused by a crime.
Order of seizure of property
The main purpose of seizure of property is to ensure the preservation of physical evidence, as well as to guarantee the possibility of confiscation of property or compensation for damages caused by a crime. Seizure of property is also used to prevent the use of property in illegal activities.
Property subject to attachment
Seizure may be imposed on any property belonging to a suspect, accused person or other person that may be used as evidence in criminal proceedings or subject to forfeiture or damages. This can include real estate, vehicles, cash, securities, etc.
Property that is prohibited from attachment
Seizure cannot be imposed on property that is required to satisfy the basic life needs of the owner and his family. This includes housing that is the only place of residence, means of transportation for persons with disabilities, household items necessary for life, and other objects defined by legislation.
Persons who can apply to the investigating judge with a request for the imposition of arrest
An investigator, a prosecutor, or a victim may apply for the seizure of property.This petition is submitted to the investigating judge, who decides on the seizure of property.
Circumstances that must be proven to the investigating judge
The request of the investigator or prosecutor to seize property must clearly indicate the following aspects:
1. Grounds and purpose of seizure of property: It is necessary to indicate the reasons and purpose of seizure in accordance with the provisions of Article 170 of the Criminal Procedure Code of Ukraine, as well as justify the necessity of seizure.
2. List of property: It is necessary to list the types of property proposed to be seized.
3. Proof of ownership: The petition must contain documents confirming ownership of the property, or provide specific facts and evidence that testify to the possession, use or disposition of the property by the suspect, accused, convicted person or third parties.
4. Amount of damage or unlawful benefit: In the case of filing a petition in accordance with the sixth part of Article 170 of the Criminal Procedure Code of Ukraine, it is necessary to specify the amount of damage or unlawful benefit received by the legal entity.
Originals or copies of documents and other materials used by the investigator or prosecutor to substantiate their arguments must be attached to the petition.
Petition of the civil plaintiff
In the request of a civil plaintiff to seize the property of the suspect, the accused, the legal entity in respect of which proceedings are being conducted, or third parties for compensation of damage caused by a criminal offense, the following must be specified:
1. Amount of damage: It is necessary to indicate the amount of damage caused by the criminal offense, as well as the amount of claims.
2. Evidence of damage: The petition must contain evidence of the fact of causing damage and the amount of this damage.
The procedure for canceling the seizure of property
During the pre-trial investigation or court proceedings, if necessary, the seizure of property can be canceled. Here are the main points of this order:
1. The right to submit a petition
The suspect, the accused, their defender, legal representative, other owner or possessor of the property, may file a motion to cancel the seizure of the property in whole or in part, if they were not present at the hearing of the seizure of the property. Such a petition is considered by an investigating judge during a pre-trial investigation or by a court during court proceedings.
2. Justification of the request
Seizure of property can be canceled in whole or in part, if it is proved that the need for seizure has disappeared or the seizure was imposed without grounds.
3. Consideration of the request
A motion to cancel the seizure of property is considered by an investigative judge or a court no later than three days after its receipt. The person who filed the petition and the person whose property was seized are notified of the time and place of the hearing.
4. Case of cancellation of seizure of property by the prosecutor
The prosecutor is obliged to cancel the seizure of property at the same time as issuing a decision to close criminal proceedings, if this property is not subject to special confiscation.
5. Court decision
The court decides on the cancellation of the seizure of property simultaneously with the adoption of a court decision, which ends the court proceedings. Seizure of property is canceled in the following cases:
- Acquittal of the accused.
- Closure of criminal proceedings by the court.
- If the property is not subject to special confiscation.
- Failure to impose a punishment in the form of confiscation of property by the court or failure to apply special confiscation.
- Leaving a civil claim without consideration or refusing a civil claim.
Сonclusion
This procedure ensures that the rights of property owners are protected and provides a clear mechanism for the removal of an unjustified foreclosure by following legal procedures.
Thus, compliance with all procedural requirements during the imposition and cancellation of seizure of property is an important element of ensuring the legality of actions in criminal proceedings.
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