Publication date: 05.05.2024
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.
Search in criminal proceedings is a process aimed at finding and detaining a suspect or accused of committing a crime. This process is one of the key stages of the pre-trial investigation and takes place during the criminal proceedings. The main purpose of the search is to detain the suspect or the accused, ensure his presence at the investigation and further participation in the criminal proceedings.
At the pre-trial investigation stage, the procedure for searching for a suspect is regulated by the Criminal Procedure Code (CPC) or other legislative acts of the country in which the investigation is taking place. The main steps of the suspect search procedure may look something like this:
Issuing a resolution on search: Law enforcement agencies, the prosecutor issue a separate resolution on conducting a search, if the investigation is not stopped in connection with this. If the search becomes the reason for stopping the pre-trial investigation, it is noted in the resolution. Before issuing a decision, the investigator is obliged to make sure that the suspect is not at his place of residence. work, training, and that the information obtained in total gives reason to believe that the suspect is hiding.
Issuance of a wanted notice: If necessary, a wanted notice is issued with a photograph and other identifying information of the suspect and is distributed through the media and other communication channels to facilitate the search.
Actions for the purpose of search: Law enforcement agencies carry out search actions, such as checking the area, checking the known places of the suspect, intercepting telephone conversations, applying to the courts to obtain permission for special measures, etc. It is worth noting that the prosecutor, the investigator in the process of conducting investigative actions, can entrust the implementation of x to operational units
Detention of a suspect: If a suspect is found, he may be detained for further pre-trial investigation and prosecution.
Procedural actions: After detaining a suspect, law enforcement agencies can conduct an interrogation, search, seizure of evidence and other procedural actions as part of a pre-trial investigation.
Further actions: After the suspect has been detained and interrogated, the question of whether to apply preventive measures (for example, detention) or whether to refer the case to court may be decided.
Classification of search actions:
Search for information: This may include checking databases, analyzing telephone data (eg mobile calls and messages), checking bank transactions, using information systems to locate a suspect, etc.
Cooperation with the public: Law enforcement agencies can use the media and social networks to distribute wanted ads, ask the public for information about a suspect, organize press conferences, etc.
Area Check: This includes checking and surveying the area where the suspect may be. Police may use patrols, checks of residential and commercial buildings, vehicles, and other methods to search.
Search teams: These can be specially trained teams or groups of law enforcement officers tasked with searching for and apprehending a suspect. They can use special technical means and equipment to fulfill this purpose.
Legal features of the application of international search:
International search in criminal proceedings is the process of involving international mechanisms of cooperation between law enforcement agencies of different countries to find and detain suspects or accused of committing crimes who are hiding or are outside the country where they committed the crime.
The main international mechanisms that can be used for international tracing include:
Interpol: Interpol is an international organization that coordinates cooperation between law enforcement agencies of different countries. Wanted ads and requests for the arrest of suspects can be placed through Interpol.
European Arrest Warrant: This is the only mechanism for the rapid extradition of persons between the countries of the European Union. The warrant makes it possible to quickly detain and extradite persons who have been exposed within the EU.
International extradition treaties: Many countries have extradition treaties that regulate extradition procedures between countries in accordance with the conditions laid down in these treaties.
International legal assistance: Countries can ask each other for legal assistance in the search and apprehension of suspects or accused persons.
International wanted is an important tool in the fight against crime, because criminals can try to avoid responsibility by hiding outside their country. This process allows law enforcement agencies to work together and take action to apprehend and bring criminals to justice.
Consultation with a lawyer during the pre-trial investigation:
A criminal lawyer plays an exceptional role at the stage of pre-trial investigation, because it is he who will ensure the protection of the suspect from violations by the prosecution. It is the criminal lawyer who will be present during investigative actions with the participation of his client, collect exculpatory evidence, appeal against illegal actions, formulate a defense strategy, and provide a legal analysis of the situation. Consequently, a criminal case is a rather complex process, and the legal opinion of a lawyer is very necessary.
