Advice

How to return extracted stuff during a search: the role of an advocate (practice in Ukraine)

During the search, there is often a situation where your stuff may be taken away. As a rule, this is carried out within the framework of ensuring measures of criminal proceedings, which are provided for by Section II of the Criminal Procedure Code of Ukraine, which is entitled "Measures for ensuring criminal proceedings".

These measures include, among others, temporary extraction of stuff (clause 6 part 2 of article 131 of the Criminal Code of Ukraine) and arrest of property (clause 7 part 2 of article 131 of the Criminal Procedure Code of Ukraine).

Temporarily extracted may be stuff in the form of things, documents, money, etc., in respect of which there are sufficient grounds to believe that they: 1) were searched for, 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 the property into which they were completely or partially transformed (Part 2 of Article 167 of the Criminal Procedure Code of Ukraine).

Arrest of property is a temporary, pending cancellation in accordance with the procedure established by this Code, deprivation of the right to alienate, dispose of and/or use property by the decision of an investigating judge or court, regarding which there is a set of grounds or reasonable suspicions to believe that it is evidence of a criminal offense, subject to a special confiscation from a suspect, accused, convicted person, third parties, confiscation from a legal entity, to secure a civil lawsuit, recovery from a legal entity of unlawful benefits, possible confiscation of property. Arrest of property is canceled in accordance with the procedure established by this Code.

The task of arrests of property is to prevent the possibility of its concealment, damage, deterioration, destruction, transformation, alienation. The investigator, the prosecutor must take the necessary measures to identify and search for property that may be seized in criminal proceedings, in particular by requesting the necessary information from the National Agency of Ukraine for the Identification, Search and Management of Assets Obtained from Corruption and Other Crimes, Other state bodies and local self-government bodies, individuals and legal entities (Asset Recovery and Management Agency). The investigator, the prosecutor must take the necessary measures to identify and search for property that may be seized in criminal proceedings, in particular by requesting the necessary information from the National Agency of Ukraine for the Identification, Search and Management of Assets Obtained from Corruption and Other Crimes, Other state bodies and local self-government bodies, individuals and legal entities.

Arrest of property is allowed for the purpose of ensuring: 1) preservation of physical evidence; 2) special confiscation; 3) confiscation of property as a type of punishment or measure of a criminal legal nature against a legal entity; 4) compensation for damage caused as a result of a criminal offense (civil lawsuit), or recovery of an unlawful benefit received from a legal entity (Part 1-2 of Article 170 of the Criminal Procedure Code of Ukraine).

Therefore, if your property has been extracted in this case it is advisable to contact an advocate. According to the legislation, the advocate is endowed with many procedural possibilities that will allow you to return the property that you are deprived of, with less time spent on you and with less emotional and psychological efforts.

Please also see the following article What is the temporary confiscation of property in criminal proceedings

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