Application for the return of temporarily seized property
From time to time, during the pre-trial investigation, searches may be carried out both at individuals and at legal entities. The consequences of such searches may be different, in particular, their conduct may be carried out with the assumption of serious violations.
One of the consequences of such searches may be the groundless seizure of property and the seizure of it. This necessitates the return of such property, for which it is necessary to perform several actions.
We invite you to familiarize yourself with the answers of our lawyers to frequently asked questions about the return of temporarily seized property as part of the pre-trial investigation.
If it is necessary to draw up an individual application for the return of temporarily seized property, we recommend using the Consultant legal services service to order a turnkey document.
In what cases is an application for the return of property submitted?
Speaking about the return of temporarily seized property, one should first of all understand such property for the seizure of which permission was not granted. At the same time, in the best case, if law enforcement officers have no reason to keep such property, they have independent initiation of its return, but the experience of lawyers almost does not contain such cases.
So, before starting the process of returning property, it is necessary to establish whether it was seized without reason. To do this, you must familiarize yourself with the decision on permission to conduct a search. It contains a complete list of property that must be seized as part of the search. And if such property is not specified on certain grounds, it can be proved that it is not in such a list.
Within 48 hours from the moment of the search and seizure of property, there must be a petition regarding his arrest. By contacting the appropriate court with a lawyer's request, you can find out whether such a petition has been filed. If the deadlines for filing were violated or there is no such petition, it is necessary to file a complaint about inaction on the failure to return the temporarily seized property.
After filing such a complaint, for the existing reasons, it is quite realistic to return such property from the investigator, prosecutor or detective.
This procedure is actually the only one that can ensure the return of such property seized without justification.
What to pay attention to when writing an application for the return of temporarily seized property?
The complaint must include the following information:
The number of the criminal proceedings within which the pre-trial investigation is underway;
Describe the procedure for the search, and as a result - the seizure of property;
Indicate the grounds on which such property should be returned;
Remember if he was arrested;
Indicate that the authorized person (prosecutor, investigator, detective) did not return such property as a result of their inaction;
Lay out in the pleading part of the immediate return of property, due to the lack of grounds for its maintenance.
We also recommend that you first obtain legal advice on the commission of such actions and contact a lawyer in order to send the necessary lawyer requests.
If it is necessary to analyze the complaint regarding the return of temporarily seized property or the development of an individual document, we suggest using our legal services Consultant. Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Application template for the return of temporarily seized property
The best lawyers in the field of criminal procedure are already ready to provide appropriate advice! We offer high quality services with comfortable service.
It has become much easier to purchase a sample complaint about inaction on non-return of seized property! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
By clicking the "Buy Template" button, you will immediately receive a link to download the document.
