{"id":11719,"date":"2023-04-03T09:31:00","date_gmt":"2023-04-03T07:31:00","guid":{"rendered":"https:\/\/bargen.com.ua\/?p=11719"},"modified":"2023-04-19T11:58:21","modified_gmt":"2023-04-19T09:58:21","slug":"yak-skasuvaty-aresht-na-rahunky-u-banku-u-kryminalnomu-provadzhenni","status":"publish","type":"post","link":"https:\/\/bargen.com.ua\/en\/2023\/04\/03\/yak-skasuvaty-aresht-na-rahunky-u-banku-u-kryminalnomu-provadzhenni\/","title":{"rendered":"How to cancel the seizure of bank accounts in criminal proceedings?"},"content":{"rendered":"
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Recently, law enforcement officers have been actively imposing arrests on the accounts of enterprises, business owners and individuals in criminal proceedings. Investigators go to court, receive a decision on the seizure of accounts and send it to the bank. <\/span>You can find out about blocking only when the bank has actually executed the court order and blocked the accounts. <\/b><\/span><\/p>

Arrest may also lead to other negative consequences - the bank may terminate relations and close the account as with an unprofitable counterparty due to problems with law enforcement agencies. <\/span><\/p>\n

The grounds for blocking accounts are initiated criminal proceedings for fraud, crimes against property, economic and corruption crimes. Investigators refer, for example, to the fact that accounts are important for the investigation as material evidence; that it is possible to secure a civil claim of the victim or confiscate funds in the future.<\/span><\/p>\n

Law enforcement monitors the movement of funds to the accounts of the company, and from the company to other contractors. And then go to court with long lists of different legal entities and their accounts for arrest, <\/span>implicating each enterprise in the commission of a crime.<\/strong><\/span><\/p>\n

Therefore, if your company appears somewhere in this chain, even as a result of the normal execution of contracts, the court may take the side of the investigator and seize the accounts without checking the real grounds for this. When the court decision reaches the bank, the accounts will be blocked immediately and the company's activities will actually be stopped. How to unblock bank accounts after their seizure? <\/strong><\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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How to unblock accounts after seizure?<\/b><\/span><\/h3>

Neither the investigator nor the prosecutor has the right to seize accounts on their own. For this, they turn to the court. Accordingly, it is possible to cancel the arrest only in court. What is the procedure for unblocking an account?\u00a0<\/span><\/p>

\u2705 Get acquainted with the court decision and case materials<\/strong>. First you need to get a court decision. You can ask the bank to issue a court decision, if the bank refuses - find out at least the details of the court decision and find out which court and in which case the arrest was made.\u00a0<\/span><\/span>After that, you need to familiarize yourself with the decision and case materials in court.\u00a0<\/span><\/p>

\u2705 Apply to the court to lift the arrest<\/strong>.<\/strong> From the court decision and materials you can find out what the court was guided by during the arrest. These are usually general phrases that the company may be involved in a crime, as well as reprints of articles of the Criminal Procedure Code on the seizure of property.<\/span><\/span><\/p>

It is necessary to approach the preparation of the motion in a thorough manner and provide as many arguments as possible to refute the investigator's assumptions. The task of the defense in such cases is to prove that the seizure was unjustified and that there is no need for further blocking of accounts.\u00a0<\/span><\/p>

What arguments should be used in court?\u00a0<\/strong><\/span><\/h3>