Temporary Access to Belongings and Documents as a Measure to Ensure the Reimbursement for Damage Caused by a Criminal Offence
Abstract
This article focuses on the definition, goals, functions and subject matter of temporary access to belongings and documents as a procedural measure, which allows to find out suspect’s (or accused person’s) property (or documents to prove their lawful possession) on the pre-trial investigation stage and to guarantee the reimbursement for damage on the trial proceeding stage.
The author has established that temporary access to belongings and documents, which contain the information about suspect's property with the goal to ensure the reimbursement for damage caused by a criminal offence, is completely in correspondence with the intended purpose of criminal procedural measures of ensuring. It is stated that evidence or document containing the evidence can be the subject matter of temporary access to belongings and documents in the case of taking out or seizure just as an exception (if it is impossible to conduct any investigative or operative activities). This is proved by the definition of an investigative or operative activity: according to part 1 of Article 223 of the Criminal Procedure Code of Ukraine, it is an action aimed at receiving (or collecting) evidence as well as checking evidence already received in a concrete criminal proceeding. In the same time, temporary access to belongings and documents is aimed at ensuring the efficiency of a criminal proceeding. So far, temporary access to belongings and documents is aimed at ensuring the efficiency of a criminal proceeding it is established that securing the victim's right to reimburse damage caused by a criminal offence is completely in correspondence with the purpose of this criminal procedure action. It is offered to add the duty of an investigator and prosecutor to ensure the reimbursement for damage caused by a criminal offence to the current Criminal Procedure Code of Ukraine.
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