PROCEDURAL FEATURES AND HANDLING OF SEARCHES FROM TEMPORARILY SEIZED PROPERTY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The article outlines the procedural aspects of the initiation and conduct a search of criminal proceedings. Studied issues appeal prosecutor with a request for a search to investigative judges, and especially the treatment of temporarily seized property. It is noted that in connection with the adoption in 2012 of a new Criminal Procedure Code has not yet arisen only of deliberation relating to the search. This leads to numerous procedural errors in the investigation of how that initiate searches and investigative judges give permission for their conduct. The provisions of Criminal Procedure Code allow differently solving the same issues, so they need clarification to develop a common investigative and judicial practice, promoting the quality of authorized entities. Indicated that the most common reasons for failure to satisfy the requests for search investigating judges mostly point: mostly the failure to provide adequate evidence to justify application and failure to prove the validity of the request in its immediate consideration; not specifying the reason for the search; no indication of the person who owns or home ownership and other persons in actual possession which it is located; no indication of who specifically should look for means and instruments of crime, other items and things of crime. Decisions by the investigating judge on seizure canceled for the following reasons: the investigating judge checked and found no existence of proper grounds for seizure of property; lack of sufficient evidence pointing to the commission of a person or persons on whose property the investigator asks seize criminal offense; not setting the amount of damage and the issue of the presence of a civil action; request discrepancy investigation requirements; investigating abuse of terms to apply to the investigating judge with a request for seizure of property; consideration of the petition investigating the arrest of property without the property owner; seizure of a person who is not a suspect in the criminal proceedings. Appropriate proposals aimed at improving the quality of the aforementioned proceedings.
Authors and Affiliations
О. В. Керевич
Keywords
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- EP ID EP475748
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