Application for the cancellation of an arrest on property: general information
During the period while the pre-trial investigation within the framework of criminal proceedings is ongoing, a search is carried out according to a separate decision. Such a decision is often considered the main basis in the further process for removing the seizure of property.
The result of a search by order may be the groundless seizure of property and the imposition of arrest on it. In this case, in order to return the property seized, it is necessary to perform some actions.
We invite you to familiarize yourself with the answers of our lawyers to frequently asked questions about the return of property seized as part of a pre-trial investigation in criminal proceedings.
If it is necessary to draw up an individual application for the removal of arrest from property, we recommend using the legal services of the Consultant to order a turnkey document.
What is the procedure for removing the arrest from temporarily seized property?
In the process of returning property that has been seized, it should be understood first of all 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 must independently initiate its return, however, in most cases, the return is assigned to the owners of the property.
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.
When it is established that the attachment has been imposed on the property, its owner must submit a petition (application) for the removal of the attachment from the property. The petition must contain a proper justification regarding the groundless seizure of property.
The investigating judge must consider the motion to remove the arrest within three days from the date of filing the motion. As a result of the decision to remove the arrest, an appropriate ruling is issued.
After that, it is necessary to file a complaint about inaction on the failure to return the temporarily seized property, referring to the relevant decision of the investigating judge to remove the arrest. As a result of filing such a complaint, on the existing grounds, it is quite realistic to return such property from the investigator, prosecutor or detective.
The main points when writing an application for the removal of arrest from property
The application must include the following information:
The number of the criminal proceedings within which the pre-trial investigation is underway;
Describe the search procedure, and as a result - the seizure and seizure of property;
Indicate the grounds on which such property should be returned;
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. After all, it is possible to appeal against the decision of the investigating judge on the seizure of property on appeal.
If it is necessary to analyze the application for the removal of the seizure of 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 removal of arrest from temporarily seized property
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Download the mobile application "Consultant";
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