{"id":2495,"date":"2026-05-29T03:23:50","date_gmt":"2026-05-29T00:23:50","guid":{"rendered":"https:\/\/svaroglaw.com\/kryminalne-pravo\/povernennya-vyluchenogo-majna\/"},"modified":"2026-09-14T18:57:25","modified_gmt":"2026-09-14T15:57:25","slug":"povernennya-vyluchenogo-majna","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/kryminalne-pravo\/povernennya-vyluchenogo-majna\/","title":{"rendered":"Return of seized property"},"content":{"rendered":"

During a search the police often seize things that have nothing to do with the case: family members\u2019 phones, laptops, cash, company documents, a car. Formally \u201cfor checking\u201d, but in reality the property sits with the investigator for years, and nobody returns it until the owner starts acting.<\/p>\n

1 working day<\/b>The law sets the investigation two hard deadlines. An application to seize temporarily removed property must be filed no later than the next working day<\/strong> after removal (Art. 171(5) of the Criminal Procedure Code), and the investigating judge must decide it within 72 hours<\/strong> (Art. 173(6)). If the application is not filed in time or the court refuses it, the property is returned immediately<\/strong> (Art. 169).<\/span><\/div>\n

Recovering seized property is a procedure with clear deadlines and addressees: the investigator, the prosecutor, the investigating judge. It is started by an application or a complaint, and a lawyer is needed so that every document goes to whoever is obliged to answer it.<\/p>\n

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

Two different statuses: removal and seizure<\/h2>\n

Confusing these two costs people months, so we start by establishing which applies.<\/p>\n

<\/svg>Temporary removal<\/span>

Actual dispossession during a search or an arrest<\/a> (Arts. 167, 168). This is not yet a seizure<\/strong>: the investigator must apply to the investigating judge for a seizure order by the next working day.<\/p><\/div><\/div>

<\/svg>Seizure of property<\/span>

Imposed by a ruling of the investigating judge<\/strong>. Only then is the property lawfully held, and only from that moment do the grounds for lifting a seizure under Art. 174 apply.<\/p><\/div><\/div><\/div>

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If the seizure application was not filed in time<\/strong> or the court refused<\/strong> it, the property must be returned at once. This is the fastest route and the one most often missed: the owner waits for the investigator\u2019s reply instead of checking at court whether an application was ever made.<\/p><\/div><\/div>\n

\"Recovering<\/a><\/p>\n

Grounds for lifting a seizure<\/h2>\n

Once a seizure has been imposed it is lifted (Art. 174) where:<\/p>\n

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\n\t\t\t\t<\/svg><\/span>\n\t\t\t\t

When the court lifts a seizure<\/h3>\n\t\t\t<\/div>\n\t\t\tArt. 174 CPC<\/span><\/span>\n\t\t\t