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Publication date: 27.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
A search is an important investigative (detective) action in a criminal process, which is carried out to collect evidence and establish the circumstances of a criminal offense. According to the Criminal Procedure Code of Ukraine, a search is defined as follows:
Search definition:
A search is an investigative (search) action based on evidence, which consists in a forced search of a person, home or other property of a person. The purpose of the search is:
- Identification and recording of information about the circumstances of the commission of a criminal offense.
- Finding the instrument of a criminal offense or the property obtained as a result of its commission.
- Discovery of other things and documents that are important for criminal proceedings.
- Establishing the location of wanted persons.
Grounds for searching a person:
A search of a person is a specific investigative (search) action that involves special requirements to ensure legality and respect for the rights of individuals. In Ukraine, the rules for searching a person are regulated by the Criminal Procedure Code (CPC) and other regulatory legal acts.
- Availability of a sufficient set of information. The investigating judge must be satisfied that there is a sufficient body of evidence indicating that a search is necessary. This evidence may include the results of other investigative (search) actions, operative and investigative measures, as well as covert investigative (search) actions. The information collected must be detailed and substantiated. This may include testimony, documents, information from informants or the results of technical means of recording.
- Previous actions. Before making a decision on a search, the investigating judge analyzes the results of other investigative actions, such as interrogations, inspections of the scene of events, analysis of evidence and data. This helps to determine whether there is a reason to believe that the search will lead to the discovery of the necessary evidence. Investigative measures may include surveillance, wiretapping, analysis of telephone calls and other communications. The results of such measures may indicate the need for a search. The data obtained as a result of investigative measures should confirm the probability that there are objects relevant to criminal proceedings in a certain place or with a certain person.
- Finding objects: Based on the collected information, the investigating judge determines that there are things or objects that are relevant to the criminal proceedings in a certain place or with a certain person. This may include instruments of crime, items obtained illegally, important documents, etc.
Question
Who makes the decision to conduct a search?
Answer
The investigating judge, based on the presence of a sufficient collection of information and evidence, issues a decision to conduct a search. The judge's decision is binding and must clearly define the place and subject of the search. The decision of the investigating judge on the search must be properly documented and motivated in order to ensure the legality of the actions of the investigative bodies.
Mandatory requirements when conducting a search of a person:
- A search of a person is conducted with the mandatory participation of at least two witnesses. Witnesses (witnesses) are independent persons who confirm the legality and correctness of the search, as well as record procedural actions.
- Concepts should be neutral and have no interest in the search results. This is necessary to ensure the objectivity and legality of the procedure.
- Technical means of recording (video recording, photography) can be used to document the search. However, even with their application, the participation of witnesses is mandatory. Technical means of recording do not replace the need for the presence of witnesses, but supplement procedural requirements to increase transparency and document investigative actions.
- A search of a person should be conducted by persons of the same sex to ensure respect for personal dignity and privacy. This rule is important to prevent possible abuse and violation of individual rights.
- The results of a personal search must be recorded in detail in the search protocol, not in the person's arrest protocol. The search protocol documents all actions, results and seized property. The detention protocol records the circumstances of the person's detention, but is not the main document for the search. If the search is part of the detention, the search report must still be separate and contain all the necessary details.
Question
Can property be seized during a search?
Answer
During the search, a person's property, which is important for criminal proceedings, may be temporarily seized. This can include things, documents, electronic devices and other objects that can serve as evidence. Seized property must be properly recorded and described in the search protocol. Within 48 hours from the moment of seizure, the property is seized at the request of the investigator, the prosecutor.
Assistance of a lawyer during a search:
The lawyer's help online search attorney is essential to ensure that the individual's rights are upheld and to ensure that the search is conducted within the limits of the law. A lawyer performs several key roles during a search:
Lawyer's consultation and legal analysis of the situation: The lawyer checks the availability and legality of documents confirming the grounds for the search (for example, the decision of the investigating judge). He makes sure that the search is carried out in accordance with the established rules and procedures. The lawyer monitors compliance with the rights of the person being searched, provides his legal opinion, and analysis of documents. This includes checking whether search rules are followed, such as the mandatory presence of witnesses.
Ensuring presence during the search: The lawyer has the right to be present during the search, which allows him to ensure the correctness and legality of this action. The presence of a lawyer also helps prevent possible abuses by investigative authorities. The lawyer monitors the search process, records important moments and can record violations of the client's rights.
Review of documents by a lawyer and recording of violations: If a lawyer discovers violations during a search (for example, conducting a search without proper documents or without following the rules), he can file a complaint or challenge the actions of law enforcement officers in court. The lawyer has the right to record the violation in the search protocol or in another documentary form for further use in court.
Consultation of a lawyer to ensure the client's rights: The lawyer monitors that the client's confidential information does not get to third parties without proper permission. An online lawyer can advise the client about his rights during the search and explain how to properly respond to the requests and demands of the investigative authorities. The lawyer checks that the seized property or documents are properly described and documented. He also monitors that the seizure is carried out legally and does not exceed the limits of the authorized search.
A legal opinion of a lawyer during a search is important to ensure legal legitimacy and respect for a person's rights. The lawyer online performs a control function, monitors compliance with legal norms and protects the client's rights, legal analysis, records violations and helps in solving possible legal issues that arise during the search.
