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When is a decree on a seizure made?

According to Article 182 of the Code of Criminal Procedure, the basis for a search is the availability of sufficient information to believe that a particular person or place has tools, objects, means of crime, valuables, documents that are essential for the case. For their withdrawal search and seizure order. seizure order

Features of the removal of the desired items

They are regulated by 183 articles of the CPC. According to the norm, for the removal of items seizure order. The withdrawal itself is carried out in accordance with the rules provided for in Art. 182 subject to the requirements of Article 183.

Excavation Ordinance can be rendered only if the whereabouts of items of evidentiary value for the case are known exactly.

Additional Warranties

They are provided for in part 9 of article 166 of the CPC. The guarantees relate to the safety of victims of crime, witnesses, their representatives and relatives. If there are appropriate grounds, the details of these persons may not be indicated in the seizure protocol.

In this case, the employee carrying out the seizure shall issue a special order. It provides the reasons for the need to maintain confidentiality of data with links to relevant legislation providing for such guarantees, indicates the alias of the participant concerned, provides a sample signature that he will use to verify the facts in the protocol.  seizure order

This decision is placed in an envelope, sealed and attached to the materials of production. No one can familiarize themselves with the contents, with the exception of the court, the employee carrying out the seizure, as well as the head of the investigation unit, in whose staff this employee is located.

Tax law

It also provides for the possibility of excavation. The basis for this action is a motivated act of an employee of the tax authority conducting a field audit.

Excavation Ordinance must be approved by the head or deputy head of the IFTS, whose employee has decided to conduct an audit.

Sample

Form of a decree on a seizure approved by the Order of the Federal Tax Service dated 05/08/2015 search warrant

The document must contain the following information:

  • Name of the head who approved the act.
  • Name IFNS.
  • Date of the decision, its number.
  • Description of the circumstances that became the basis for the production of the seizure.
  • Names and identification signs of items to be seized.
  • Name of the organization, full name of the entrepreneur, in whose territory a seizure is made.
  • PPC. TIN, telephone number, address, other data identifying the place of seizure.
  • Position, full name of the employee of the IFTS, who made seizure order.
  • Information about the person who received a copy of the act. If the decision is presented to the representative of the person concerned, details shall be indicated confirming his authority.

All seized items must be presented to witnesses and other entities involved in the procedure.


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