The Procedure of Returning Property Seized During a Search

Return of property seized during a search may seem like a difficult task since there are many nuances that influence the decisions of the competent authorities, for example:

• The situation in which your property was seized.
• The severity of the crime (if it happens).
• Type of property and its role in office work.
• The legality of the seizure and the presence of accompanying documents, such as an act of seizure with a description of the items.
• Circumstances that gave rise to such an incident.

Yes, it is not always possible for the owner to demand property back, but if the seizure was made illegally, or without good reason, then things can be returned. Especially if you will be assisted in this process by competent lawyers from the Lawrange team.

Return of Seized Property at the Stage of Pre-trial Investigation

The current law does not clearly describe the procedure for returning property seized during a search. Meanwhile, a method that is frequently used is when, during procedures carried out by the competent authorities, a lawyer is present on site, or better yet, a lawyer who provides:

• Recording violations.
• Compiling a list of seized items.
• Entering comments into the search protocol.

In such case, you can avoid deviations from the criminal code and get a reason to request the authorities to return property that is not evidence.

Although in the pre-trial proceedings, the return process most often initiates a judge or investigator, no one prohibits filing a preliminary claim on behalf of the victim through the mediation of a lawyer.

Recording of Violations

It is easier to return property seized during a search if you have irrefutable evidence that the seizing was carried out without a protocol/witnesses and was generally unfounded.

To confirm the fact of excess or abuse of authority, it is enough to draw up a description of the seizure process, confirming its veracity with the signature of witnesses (preferably third parties).

Of course, you can record all the violations by yourself, but the weight of the word in court may not be enough to turn the case in your favor.

The services of an experienced Lawrange attorney can greatly simplify the task and increase your chances of successfully recovering your property.

Compiling a List of Seized Items

Return of property seized during a search is possible only if you have a complete description of the seized items at your disposal, compiled into a list and certified by the signatures of witnesses present at the seizure process.

It is assumed that during the search you will not be given the opportunity to independently document everything that happens in a certain location.

That is why it is important that a trusted human rights defender, an authorized lawyer, or a personal lawyer should be present at the time of the search. The responsible person will independently describe the seized property and attest to the document with the signatures of the witnesses present.

Entering Comments Into the Search Protocol

Return of property seized during a search can be difficult if comments are not made directly at the time of drawing up the protocol.

Classic examples of judicial practice show that the information of the suspect (the person being searched) does not have sufficient legal force to challenge the decision to seize.

To increase the chances of a successful return of property, you need to have one of the witnesses make comments. But it’s even better if the comments are provided by a person who understands jurisprudence. It is another good reason to entrust your representation to a competent Lawrange attorney.

Legal Status of Seized Property

The procedure for returning property seized during a search is determined by the legal status, which depends on how, for what purpose, by whom, and when the warrant was issued. In total, three types of seizure can be distinguished:

• Unreasonable seizure.
• Seizure with court permission.
• Seizure with permission and seizure.

Each type must be thoroughly reasoned and documented (the first case is an exception, but more on that a little later), and also have a protocol signed by both the person involved and the investigator, as well as witnesses.

Depending on what type of search is applied, the property receives a certain status and must be preserved in its original form, as well as returned within a specified period.

Unreasonable Seizure

To return property seized during a search, if its seizure was carried out illegally, is a very simple task in theory. In practice, there are cases in which groundless seizure also appears, but decisions are made in favor of the executive body.

Unreasonable seizure is a process in which property is taken without a search warrant. If the item does not meet the characteristics of the evidence specified in the document, then its seizure is illegal.

Even in such cases, the investigator can file a petition and through the court include the item in the list, or seize it.

Seizure With Court Permission

Return of property seized during a search with the court’s permission is also possible, but only if it is not evidence and does not appear in the case as direct or indirect evidence.

If a petition is not filed to seize an item seized during detective measures, it must be returned to the owner within 48 hours.

In practice, in order to return property, you have to hire a lawyer who, adhering to norms and rules provided for by low, as well as the procedure for petition, files a claim on behalf of the defendant.

A lawyer demands compliance with the client’s constitutional rights to own seized property, which has not been seized and is not evidence in current proceedings.

Seizure With Permission and Subsequent Arrest

Return of property seized during a search is impossible if it is under arrest. Moreover, if the seizure was carried out in deviation from established norms and procedures, it is generally considered illegal, especially if the violation was recorded in the protocol.

If there is permission for seizure with subsequent arrest, then the property remains in storage with the competent authorities until the investigation is completed.

Further, depending on what decision the court makes, the confiscated property will be returned to the owner or transferred to the competent authorities to take other measures established by law.

Legislative Regulation of the Issue

The procedure for returning property seized during a search does not have a complete and unambiguous definition. The judicial practice of Ukraine shows that each decision is made personally and is considered from several legal and regulatory positions at once. For example:

• If the property is seized illegally (without the permission of the investigating judge), and there is no petition for its arrest, then it is usually returned to the owner.
• If the item does not fit the description specified in the permit and is not indirect evidence, then, as a rule, the court obliges the authorized persons to return it to the owner.
• If the property is direct or indirect evidence and is directly related to the case, then it remains with the investigators until the end of the process.

However, these are only basic examples, and each specific application will be considered on a private basis. That’s why you need an experienced lawyer from Lawrange who will correctly formulate the request and increase the chances of returning the property.

The Process of Returning Temporarily Seized Property

Returning property seized during a search is possible but very difficult, given that each case is considered individually, and general practices are not applicable to all situations.

And with the legislative system, more questions arise than answers when trying to understand the Code of Criminal Procedure and its provisions that relate to the topic of returning property.

In general, the process can be divided into five logical stages:

• Definition in the Code of Criminal Procedure of Ukraine.
• Checking the determination of search permission.
• Request information about arrest petitions.
• Filing a complaint about inaction.
• Obtaining property from the investigator/prosecutor.

It’s simple, isn’t it? But in practice, it is better to get a reliable lawyer from the Lawrange team, who will increase your chances of successfully returning the seized property.

Definition in Code of Criminal Procedure of Ukraine

Return of property seized during a search is a process regulated by the legislation of Ukraine. At the same time, the concept of “seized property” has many interpretations and is determined by a number of additional factors, for example:

• Availability of permission to withdraw.
• Conditions of withdrawal.
• The property matches the description included in the seizure permit.
• Availability of petitions and warrants of arrest.
• Type of case and severity of the situation.
• Classification of property (evidence, means of committing a crime, indirect evidence).
• Format (physical object or digital file stored on equipment).

The legality of the seizure, the inclusion of the item in the description, the presence of attesting witnesses, the presence of the person involved along with their family members also play a role. All of these factors can play a decisive role in influencing the decision to return property or deny this right.

Checking the Determination of Search Permission

Return of property seized during a search depends on whether the seized property fits the description of the conditional item, which must be considered evidence, indirectly or directly, related to the case. And here lies one of the most tricky nuances.

If the description contains at least a slight difference between the desired item and the actual one, then the latter can be considered one that is not subject to seizure.

Conventionally, if the list of property permitted for seizure does not include the classification of the seized item, then the latter must be immediately returned to the owner. In practice, there are cases when investigators urgently send a petition for arrest, which somewhat changes the situation.

Request Information About Arrest Petitions

Returning seized property during a search is possible if it is not under arrest. The latter is accompanied by a petition from an authorized person within two days from the moment of seizure.

To check the existence of an arrest or a request for it, you should contact the investigating judge with a corresponding application to verify the receipt of the relevant act.

The request must be justified and based on the legislative system of Ukraine. Therefore, creating such a petition on your own can be a very difficult task. And this is another reason to seek help from the lawyers of the Lawrange team.

Request Information About Arrest Requests

Return of property seized during a search doesn’t always go as planned. Most likely, even if you receive a court decision to return the seized property, you will not get your things back.

Judicial records management in Ukraine has one unpleasant moment. To return property, it is necessary for the investigating judge to send the corresponding decision in paper form to the investigator authorized to dispose of material evidence. And this, as you understand, does not always happen.

An alternative may be to file a complaint to the investigating judge about the inaction of the commissioner, and it can already be regarded as a claim for abuse of power and infringement of the rights of a country’s citizen. But for the method to work, you need the help of qualified lawyers.

Obtaining Property From an Investigator/Prosecutor

The final stage of returning property is a visit to an authorized person who is responsible for the removal and storage of items.

It is the investigator or prosecutor who must issue a permit for the release of property addressed to the person responsible for the protection of material evidence in a specially designated place.

After going through a series of procedures, you will have to sign the release deed, having previously assessed the condition of the property. If any item from the list is missing, damaged or replaced, you can file a complaint and demand compensation for damage.

In 90% of cases, you will receive compensation equivalent to the value of the property at the time of its seizure.

Return of Property Permitted for Seizure

In a situation where measures are taken against the person involved, for example, a search is carried out, and the seizure of material evidence is allowed, the process of their return becomes somewhat more complicated.

The reason for this is a free interpretation of the law, which can work both for the benefit of the defendant and for the benefit of the investigative team. In the latter case, there may be an abuse of power, which negatively affects, among other things, the decision to return property.

There is also a risk of getting into a situation where the system stops working due to a break in the chain, for example, if the decision to return is not executed by an authorized person or a response petition for arrest is filed.

Lack of Regulation in the Criminal Procedure Code of Ukraine

If you are faced with the seizure of property carried out in accordance with the laws of the Code of Criminal Procedure, then you are guaranteed its return at the end of the investigative actions, and also:

• After the abolition of the restrictive measure of freedom known as detention.
• After leaving the pre-trial detention center.
• After the closure of the case, it is registered in the court system.

Also, the return of property is guaranteed if the seizure was made without appropriate permission. In practice, the key role in the issue is played by the presence of documented confirmation of the fact of seizure, a list of seized items and the grounds for this.

Resolving the Issue at the Discretion of the Investigating Judge

Since there is no regulation as such in the state Code of Criminal Procedure, the decision on the return or non-return of property depends entirely on the investigating judge.

In Ukrainian court proceedings, one can find many examples of how an authorized person makes a decision in favor of the plaintiff, arguing that the property is either not included in the list of funds subject to seizure or does not meet the description established by the relevant permit.

However, there is always a risk that the decision will not be made in your favor if you do not provide enough arguments to defend your position. This is why you may need the services of a specialized lawyer.

Return of Seized Property

If the property is nevertheless seized, then it is necessary to establish how legal and justified this decision is. First, you need to find out when the request for arrest was filed, then analyze the situation and its legality.

If the petition was filed abnormally (as was the process of taking without permission), then the chances of successful return of the property will increase somewhat. If the procedure was legal, then you should try to take a number of additional measures.

Keynote: you cannot initiate the return process on your own. Therefore, you should hire a lawyer who will expertly defend your interests.

Removal of Arrest as a Preliminary Step

Removing the seizure of property imposed by the court is a procedure that involves filing a corresponding claim to the investigating judge with arguments as to why a positive decision in the case should be made.

The Code of Criminal Procedure of Ukraine allows the seizure of property to be lifted in a number of cases, for example, if it was seized illegally, or is not material evidence, evidence directly or indirectly related to the case.

In such cases, the petition may be satisfied in favor of the defendant, and the investigating judge may issue permission to return the property to the plaintiff.

Return Procedure

Even if the authorized person has decided to return the seized property, the process of receiving it can be very complicated. Here, firstly, the human factor plays a role.

For example, if the investigator does not receive a written decision to return things, then can appeal to the provisions of the law obliging the investigating judge to provide written confirmation of the verdict to the law enforcement agency.

It is true that in this case, you can file a complaint with the relevant committee and turn it into a lawsuit against an official who is exceeding authority and denying a citizen the legal right to own property (even if the latter is considered a defendant).

Liability for Property Damage

The seized property is preliminarily assessed, and its actual condition is documented. The investigative body itself undertakes to store physical or digital evidence and provide it with proper care throughout the entire period of retention.

If any deviation occurs that leads to a violation of the appearance or functionality of the property, then responsibility lies with the body or authorized person.

This means that when receiving property that has signs of being used, that is, has damage not indicated in the seizure act, the owner has every right to demand compensation for damage.

Why You Should Contact Lawrange

More than 10 years of experience, representation in civilized countries of the world, hundreds of closed cases with a positive outcome for the client. The Lawrange team consists of expert lawyers who have had careers in law enforcement, the judicial system and beyond.

We will take on a case of any complexity and will do everything to ensure that our client emerges victorious from the situation. We will not only be your representatives but will also help you collect a sufficient basis of arguments that will allow you to return your property quickly.

Don’t know if we can handle it? Contact the manager for advice and examples of completed projects.

Conclusions

The process of returning seized property can be a very problematic task, especially if you take into account the peculiarities of regulation of the Criminal Procedure Code. But even so, you still have the opportunity to get back your things, seized legally or illegally.

Lawrange lawyers will conduct a thorough analysis of your case, get acquainted with the circumstances, and collect an evidence base with which to challenge even a legal decision to seize it in court.

Therefore, you should not delay contacting specialists and reduce your chances of returning your property. Entrust the task to professionals and get your property back in no time!

FAQ

What are the deadlines for returning property?

A petition for seizure must be submitted within 48 hours from the date of seizure. After the expiration of the period, you can submit a request for the return of the property and, having received approval, file a corresponding claim with the authority that confiscated the items. Further, everything depends on third-party factors, which you can find out about from Lawrange specialists.

What categories of property can be seized during a search?

There is no clear definition of the categories of property subject to seizure. At the same time, all things that could potentially be seized are specified in the search permit. The list must contain a description and classification of items, otherwise it has no legal force.

What to do if temporarily seized property is not returned within the established time frame?

Depends on the specific situation and circumstances. If there is abuse of power, you will have to wait until the end of the official investigation. If the return does not take place for other reasons, then it is better to turn to the Lawrange experts for help.

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