Have you been forced to, or have you voluntarily surrendered an item as part of criminal proceedings that you would now like to recover? What rights do you have in this respect and what procedure does the law provide for?
Have you been forced to, or have you voluntarily surrendered an item as part of criminal proceedings that you would now like to recover? What rights do you have in this respect and what procedure does the law provide for?
In the course of criminal proceedings, various items that are relevant to the investigation may be seized. The police often request the item from the owner due to the fact that they suspect the owner of committing a certain crime and the item was either used directly in the commission of the crime or it can be used to obtain important information relevant to the criminal proceedings. However, it is not always the case that the owner of the item is “involved” or suspected of the crime in some way. For example, you can imagine a situation where a car has been stolen and used to kidnap a person, transport stolen goods, etc.
Items can be seized if they meet one of the following conditions:
The so-called redaction obligation (i.e. the obligation to surrender the thing demanded) applies to everyone except those who are exempt from the Criminal Procedure Code. It may relate to any matter except documents the contents of which relate to circumstances to which the prohibition on interrogation applies (unless there has been an exemption from confidentiality).
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Tip: Most of us probably have a general understanding of what a crime is. “Murder or theft” would be a possible answer. But did you know that theft can also be a simple misdemeanor that doesn’t even register on a criminal record? And do you know that the criminal record is also a government office? We’ve looked at the offences, how they are divided and the statute of limitations in our next article.
If you have an item in your possession that can be used as evidence in criminal proceedings, you may be asked to produce or surrender it by a court, prosecutor or police authority. If you do not comply with the summons, the item may be taken away from you, or there may be other consequences of non-compliance, such as the possibility of a fine or disciplinary action. It is important that you receive written confirmation of receipt of the item when you are summoned. This is a report that must contain a precise description of the item that has been issued or taken.
In practice, the removal of an item also often takes place during a search warrant. The search warrant should then also include an invitation to seize the item.
If the seized item is no longer needed for further proceedings and forfeiture or seizure is not an option, it shall be returned to the person who surrendered it or from whom it was taken. However, there are certain conditions:
If your application is refused and you disagree with the decision, you have the right to complain. This complaint has suspensive effect, which means that there can be no final decision on your case while it is pending.
In practice, it is sometimes the case that a person other than the person from whom the item was taken makes a claim for the item – for example, because it was stolen. If it has been proved beyond doubt in the previous proceedings (or, for example, from the registers or otherwise) that the item belongs to that third party, then the item is returned to them. Sometimes, however, there is a confusing situation where the owner cannot be reliably identified. The identification is then not made in the context of criminal proceedings, but the item is deposited and the person concerned is referred to civil proceedings in which he can prove his claim.
Sometimes, on the other hand, the owner of the item is invited to take possession of it but fails to do so. If the seized item is not taken over by the owner even after repeated requests, it may be sold and the amount paid for it is deposited with the court. In theory, the same procedure would be followed if the seized item is in danger of deterioration. However, such situations rarely arise.
One of the ways in which a seized item can be dealt with is by imposing a forfeiture penalty. This typically applies to items that have been directly used to commit a crime or are the proceeds of a crime. Among other things, this penalty reduces the likelihood of further crimes being committed . In the case of proceeds of crime, the aim is also to ensure that no one benefits in any way from their dishonest behaviour. This is, of course, where property rights come into play. Thus, if an item has been stolen from an honest owner, he or she need not fear the penalty of forfeiture, but instead will receive proper restitution. Thus, the penalty of forfeiture of an item that is the proceeds of crime could apply, for example, to the production of counterfeit money, counterfeit well-known handbag brands, etc.
Tip: Theft is one of the most common crimes. The punishment for theft ranges from a fine of CZK 50,000 to a 10-year prison sentence. In our next article, we’ll take a closer look at these penalties and tell you when theft is a criminal offence and when it is a mere misdemeanour.
Seizing an item for criminal proceedings can be a stressful experience for the owner. It is important to know what your rights are and how you can apply for the return of the item. It is always a good idea to contact a legal advisor who can help you with specific steps and ensure that your rights are protected.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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