Advice

What is the temporary confiscation of property in criminal proceedings

According to the Article 167 of the Criminal Procedure Code of Ukraine, temporary confiscation of property is the actual deprivation of the suspect or the persons in whose possession the property specified in the second part of this article is, the ability to own, use and dispose of certain property until the issue of confiscation of property or its return is resolved, or its special confiscation in accordance with the procedure established by law.

Temporarily confiscated may be property in the form of things, documents, money, etc., regarding which there are sufficient grounds to believe that they:

1) sought out, manufactured, adapted or used as means or instruments of committing a criminal offense and (or) retained its traces;

2) were intended (used) to induce a person to commit a criminal offense, finance and/or provide material support for a criminal offense or reward for its commission;

3) is the subject of a criminal offense, including one related to their illegal circulation;

4) received as a result of the commission of a criminal offense and/or are income from them, as well as property into which they were completely or partially transformed.

It is prohibited to withdraw (remove) material carriers of information related to the maintenance by the Central Depository of Securities and depository institutions of the securities depository accounting system, the accounting system of shares and making changes to them.

Disclaimer: The information provided in this material is just for general use. For more detailed information about your situation, please contact us for a personal consultation.

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