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Publication date: 08.02.2024
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Search is one of the main procedures of law enforcement agencies in the criminal process, aimed at gathering evidence and identifying materials that can be used in criminal cases. An important condition for conducting a search is compliance with procedures established by law and guarantees of citizens' rights. In this consultation, we will consider the regulatory framework, the rights of the participants in the process, as well as the possibilities of protection in case of illegal actions of law enforcement agencies during the search. how much do lawyer services cost depends on the region, the charges against you and the experience of the lawyer. In general, services of a lawyer price are not such terrible numbers as everyone is used to believe.
1. Regulatory base:
Search in criminal proceedings is an important stage of crime investigation and is regulated by the Criminal Procedure Code of Ukraine and other relevant legal acts. Learn more about the search regulatory framework:
Articles 208-212 of the Criminal Procedure Code of Ukraine: Define the procedure for conducting a search, including the grounds for conducting it, the procedure for drawing up a protocol, and the rights and obligations of the participants in the process.
The Constitution of Ukraine and international conventions: Guarantee the basic rights and freedoms of citizens, which must be protected during a search, such as the right to inviolability of housing and personal privacy.
Resolutions of the Constitutional Court of Ukraine and higher courts: Clarify and interpret the provisions of the Criminal Procedure Code of Ukraine regarding searches and protection of citizens' rights.
Subitems:
1.1. Grounds for conducting a search: Inspection of the scene, presence of a suspect, objects of a crime or material evidence.
1.2. Rights and responsibilities of law enforcement agencies: Preservation of rights and freedoms of persons under search, provision of procedural guarantees.
1.3. Requirements for the search protocol: Content, form, signing and introduction into evidence of the search protocol.
1.4. Judicial review and appellate procedures: The possibility of challenging the search and its results in the appropriate courts.
1.5. Citizens' rights during a search: The right to the presence of a lawyer, the presence of witnesses, review and recording of actions, and others.
2. Participation of the lawyer in the search:
The lawyer's participation in the search is an important aspect of ensuring the rights and legitimate interests of the person under search. We will consider this aspect in more detail below:
2.1. The right to the presence of a lawyer: According to the Criminal Procedure Code of Ukraine, a person who is under search has the right to the presence of a lawyer during the search. A lawyer has the right to visit the place of search, observe the process and protect the interests of his client.
2.2. Active participation of the lawyer in the process: The lawyer has the right to make efforts to protect the rights and legitimate interests of his client during the search. This may include contacting law enforcement agencies with issues of the search procedure, protection of the client's material and procedural rights, etc.
2.3. Documenting and recording violations of the search procedure: The lawyer has the right to record any violations of the search procedure, including illegal actions of law enforcement agencies, deviations from established rules, and others. It is important to document all identified deficiencies in order to further protect the client's rights.
2.4. Representation of the client's position before law enforcement agencies: A lawyer has the right to negotiate and interact with law enforcement agencies in the interests of his client. This may include making demands for a search under certain conditions, denying wrongdoing by the authorities, and other measures.
2.5. Protection of the rights and interests of the client after the search: After the completion of the search, the lawyer continues to protect the rights and legitimate interests of his client. He can assist in gathering evidence of illegal actions during a search, filing a complaint with the relevant authorities and other legal measures.
3. Search of an enterprise and a person's home - the difference:
The search of an enterprise and the home of an individual are two different procedures that have their own characteristics and legal consequences. We will consider this topic in more detail below:
3.1. Object of search:
Search of the enterprise: The enterprise may be searched for the purpose of collecting evidence of possible violations of the law, detection of illegal activities or criminal groups, as well as for confiscation of material values related to criminal activity.
Search of a person's home: A search of a natural person's home is conducted with the aim of identifying and confiscating items related to the commission of a crime or that can be used as evidence in criminal proceedings. prices for services of a lawyer when searching for housing are usually lower.
3.2. Legal guarantees:
Search of the enterprise: The rights of the enterprise during the search are ensured taking into account the requirements of the Constitution and laws of Ukraine, which guarantee the inviolability of property and the confidentiality of documents.
Search of a person's home: The owner of the home has the right to the inviolability of the place of residence. The search can be carried out only with the relevant permission from the court and in accordance with the procedure established by law.
3.3. Conducting procedure:
Enterprise search: Prconducting a search at the enterprise involves an examination of the premises, collection of evidence, inspection of objects and documents that may be relevant to the case.
Search of a person's home: A search of a natural person's home is usually conducted in the presence of witnesses and with the presentation of an official permission from the court. All actions of law enforcement agencies must comply with the requirements of the law.
3.4. Legal consequences:
Search of the enterprise: After conducting a search of the enterprise, various legal consequences may be applied, including seizure of property, administrative fines, initiation of criminal proceedings, etc.
Search of a person's home: The legal consequences of a search of an individual's home can also be different, depending on the results of the search and the violations of the law found.
The services of a lawyer online in this case will not be a good solution, because the search usually involves a very rich police force. lawyer services online makes quality legal assistance impossible.
4. Court complaint on illegal actions:
In the event of illegal actions by law enforcement agencies during a search, a natural or legal person has the right to file a court complaint to protect their rights and legitimate interests. Next, we will consider the procedure for filing a court complaint against illegal actions:
4.1. Analysis of the circumstances of the case:
Before submitting a complaint to the court, it is important to carefully analyze all the circumstances and facts that arose during the search. This includes an assessment of compliance with the search rules, the presence of an official court permit, the correctness of the search protocol, and other aspects.
4.2. Consultation with a lawyer:
It is recommended to use the services of an experienced lawyer who has extensive experience in cases of this nature. A lawyer will help to carefully analyze the situation, prepare a complaint and represent the client's interests in court.
4.3. Preparation of the complaint:
When preparing a complaint to the court, it is necessary to describe in detail all illegal actions of law enforcement agencies, violations of search procedures and rules, as well as indicate violations of the rights and legitimate interests of the person during the search.
4.4. Filing a complaint to the court:
After the complaint is prepared by a lawyer or personally, it is submitted to the appropriate court. In the complaint, it is necessary to clearly state all the facts and arguments that confirm the illegal actions of law enforcement agencies during the search.
4.5. Judicial review of the complaint:
After the complaint is submitted, the court will consider it and the relevant evidence, as well as listen to the arguments of the parties. On the basis of the review, the court may make a decision to recognize the search as illegal and take appropriate measures to compensate for damages and compensation for moral damage.
