Seizure of property in criminal proceedings

Law of Ukraine “On Amendments to the Criminal Procedural Code of Ukraine on separate issues of seizure of property in order to eliminate corruption risks in its application,” with 12.11.2015, the changes on the use of arrest in the criminal process. According to this law, the arrest of the property is temporary, until canceled in accordance with this Code, the procedure for the deprivation of the decision of the investigating judge or a court of law on the alienation, disposal and / or use of property in respect of which there are reasonable grounds to believe that it is:

the subject;

means;

an instrument of the crime;

proof;

acquired by criminal means;

proceeds from the commission of a crime;

derived from the proceeds of the crime committed;

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or may be confiscated from the suspect, the accused, the convicted person or entity to which can be applied to measures of criminal law, or may be subject to special confiscation in relation to third parties, a legal person or for a civil suit.

The aim is to ensure the seizure of criminal proceedings, to ensure a civil claim in criminal proceedings, to ensure the confiscation or special confiscation.
The arrested can be a property that owns, uses or disposes of the suspect, accused, convicted, third party entity, which can be applied to measures of criminal law by the decision, court order, the investigating judge.

Third parties whose property may be arrested, – persons who have received or who have purchased the suspect, accused or convicted property free of charge or in exchange for an amount significantly lower than the market value, or knew / should have known that the purpose of such transfer – income from property obtained through the commission of a crime, concealment of the crime and / or prevent seizures.
The grounds of arrest of property is the presence of certain investigative judge or the court in the presence of aggregate bases or reasonable suspicion to believe that the property is subject, proof, means or instrument of his commission acquired by criminal means, the proceeds of the offense committed or received from the proceeds of crime.

The arrest of the property as possible in cases where the sanction of the Criminal Code of Ukraine provides for the application of confiscation, pending civil action in criminal proceedings. Arrest may also be applied to the property of third parties.

The cost of the property, which belongs to the arrest, except in cases of seizure for forfeiture, should be commensurate with the size of the damage caused by a criminal offense or referred to in a civil suit, the size of unlawful gains that could be obtained from a legal entity.
In urgent cases, and solely for the purpose of preservation of physical evidence or enable confiscation or special confiscation of property in criminal proceedings for serious or very serious crimes by decision of the Director of the National Anti-Corruption Bureau of Ukraine (or his deputy), coordinated by the prosecutor, the preliminary seizure of property may be imposed or funds in the accounts of natural or legal persons in financial institutions. Such measures shall be applied for up to 48 hours. Promptly after the adoption of such a decision, but not later than within 24 hours, the prosecutor refers to the investigating judge with a request for the arrest of the property.