Publication date: 26.06.2024
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Penetration into a person's home or other property as an investigative action
Introduction
One of the key aspects of the investigation of criminal offenses is the conduct of investigative (search) actions. Among them, a special place is occupied by breaking into a person's home or other possessions. This investigative activity is a powerful tool in the hands of law enforcement agencies, aimed at gathering evidence and obtaining information necessary for the effective detection and investigation of crimes. At the same time, it is associated with a significant interference in a person's private life, so its implementation is clearly regulated by legislation and subject to the principle of the rule of law.
Legal regulation of entry into a person's home or other property
Penetration into a person's home or other property as an investigative action is regulated by a number of legal acts. The main one is the Criminal Procedure Code of Ukraine, which defines in detail the procedure and grounds for conducting this investigative action.
According to the Criminal Procedure Code of Ukraine, entry into a person's home or other property may be carried out on the basis of a decision of an investigating judge. The exception is only urgent cases when such penetration is necessary to stop a crime that threatens the life or health of a person, or to detain a person suspected of committing a crime. In such cases, penetration can be carried out without a decision of the investigating judge, however, the following day the investigator is obliged to contact the investigating judge to obtain the corresponding decision.The decision of the investigating judge on permission to break into a person's home or other property must contain a clear definition of the place to be searched and the things and documents that can be found. Penetration is carried out with the participation of the concept and ensuring the preservation of traces of a criminal offense.
It is worth noting that the Constitution of Ukraine also guarantees the inviolability of a person's home and other possessions, establishing that no one has the right to enter a person's home or other possessions other than with the voluntary consent of the person who owns them or on the basis of a court order.
Grounds for breaking into a person's home or other property
Penetration into a person's home or other possession may be carried out only if there are sufficient grounds to believe that in this premises or other person's possession:
There are things or documents that are important for criminal proceedings.
There is a person who is hiding from the authorities of the pre-trial investigation or the court.
There are other persons who can testify that are important for the criminal proceedings.
Thus, breaking into a person's home or other property as an investigative action has a purely targeted purpose and is aimed at obtaining evidence necessary for the detection and investigation of a crime. It cannot be carried out for the purpose of collecting information about a person or his lifestyle in general.
Peculiarities of breaking into a person's home or other property
Penetration into a person's home or other property is usually carried out as part of a search. During this investigative action, items and documents relevant to criminal proceedings may be discovered and seized.
The search must be carried out with the participation of the concept of a person who is not interested in the results of the search. In addition, during the search, the participation of the person whose home or property is being searched, or an adult member of his family, is ensured. In their absence, the search is conducted with the participation of a representative of the local self-government body at the place of the search.
During the search, the investigator, prosecutor or a person authorized by them have the right to take any actions aimed at finding and recording traces of a criminal offense, things and documents that are important for criminal proceedings. They can also seize relevant things and documents.
However, it should be noted that the search cannot lead to humiliation of human dignity or violation of the rights and freedoms of a person. Therefore, during its conduct, all necessary measures aimed at ensuring the inviolability of housing, preservation of personal property and prevention of disclosure of information about personal life that became known during the search must be taken.
Guarantees of respect for a person's rights during entry into housing or other property
Carrying out an intrusion into a person's home or other property as an investigative action is accompanied by a number of guarantees of compliance with the rights and freedoms of the person.In addition to the requirements for the presence of a decision of the investigating judge and ensuring the participation of the concept and the person whose home is searched, the legislation also provides for other important mechanisms for the protection of individual rights.
In particular, the search may be conducted only during the day, with the exception of urgent cases where delay may lead to the loss of traces of a criminal offense or the escape of a person suspected of committing a crime. In addition, the duration of the search must be the minimum necessary to achieve the goal.
A person whose home or other property is searched has the right to file a petition, file complaints against the actions of the investigator, the prosecutor, and also use the legal assistance of a lawyer.
An important guarantee is also the fact that a protocol is drawn up on the conduct of the search, which records the progress and results of this investigative action. The protocol of the search is signed by all persons who participated in its conduct.
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