See more
Publication date: 25.04.2024
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.
Measures to ensure criminal proceedings play an important role in ensuring the effectiveness and fairness of justice. They allow you to collect the necessary evidence to resolve the case and establish the circumstances of the crime. These measures can also help prevent the loss, destruction or concealment of evidence, which could impede justice and a fair trial.
Features of temporary access to things and documents:
This measure may be taken if there are reasonable grounds to believe that things or documents are important for solving a crime or preserving evidence.
Here are some key aspects of temporary access to things and documents in the context of criminal proceedings:
Permission of the investigating judge: Granting access usually requires an appropriate determination from the investigating judge. This determination is issued on the basis of a petition and the presence of sufficient grounds for the application of the measure.
Scope of Access: The court's decision determines the scope of access, usually specifying the specific objects to which access is permitted, as well as the time frame for that access. In particular, access cannot be provided to: correspondence or any type of exchange of information of a suspect, accused with his defense attorney or person representing his interests; materials added to such correspondence.
Protecting the rights of others: When providing temporary access to things and documents, it is important to ensure the protection of the rights of other persons who may be the owners of these things or reflected in the documents.
Procedure for considering an application:
The general steps usually involved in this process may be the following:
Submission of a motion: A party wishing to gain access in criminal proceedings submits a corresponding motion to the court. This could be the prosecutor or the defense.
Justification of the need: The petition substantiates in detail the need for access to specific things and documents for a successful investigation of the crime. This includes reference to the importance of these objects for collecting evidence, solving a crime, or preserving evidence.
Consideration by the court: The investigating judge, having received the petition, summons the person in possession of what needs to be seized. It should be borne in mind that the summons will not be made if the possibility of destruction or replacement of things and documents by the person in whose possession they are proven is proven.
Conditions of access: If the court decides positively, conditions of access are established, including a list of specific things and documents to which access is permitted, as well as the period and method of such access. In particular, access is granted if such things or documents are actually in the possession of an individual or legal entity, are important for the case and are not things and documents that constitute secrets protected by law.
Implementation of the decision: After the decision is made, the person in whose possession the things or documents are must provide access to them. The owner of things or documents must have a description of what was seized (this description is presented by the person executing the determination). The owner may leave copies of documents prepared by the person presenting the determination.
Criminal lawyer during pre-trial investigation in criminal cases:
During the pre-trial investigation, a criminal lawyer will play a very important role as an active participant in the process. In particular, a criminal lawyer will collect exculpatory evidence, conduct a legal analysis of the situation, choose a defense strategy, file complaints, petitions, draw up other procedural documents, and take into account all the requirements of criminal law and process. Cost of criminal lawyer services will depend on the complexity of the process and the number of tasks performed and arrest. A criminal case is a rather complex and multi-stage process, in which comprehensive legal support will be extremely important.
