ACTION PLAN IF THE ENTERPRISE WAS SEARCHED

 The modern realities of business are accompanied by considerable interest from law enforcement agencies. One of the most frequent actions of law enforcement officers is a search. According to Article 234 of the CPC, a search is carried out in order to identify and record information about the circumstances of a criminal offense, to find the instrument of a criminal offense or property obtained as a result of its commission, and to establish the whereabouts of wanted persons. The use of coercive measures is one of the most effective ways to combat crime.

 On the one hand, they significantly restrict the rights and legitimate interests of the individual, and on the other - it is necessary to understand that only such restrictions will help to fully and comprehensively disclose the crime. However, the search as a measure of criminal procedural coercion significantly limits the right to personal inviolability and the right to inviolability of the home proclaimed by the Constitution of Ukraine. Therefore, we present a priority action plan if law enforcement officers came to your company.

• Be sure to make an oral request that you want the help of a lawyer.
• Establish the identity of law enforcement officers, as well as for what purpose: for this purpose it is necessary to ask to present service certificates, to compare photos with the persons who presented them.
• Determine whether there is a prosecutor or an investigator among these persons.
• It is necessary to establish on the basis of which document militiamen act. This must be a decision of the investigating judge. It is necessary to review the provided document, which should contain information about where it was drawn up, date of compilation, who is the investigating judge, information about the prosecutor, investigator, as well as a brief plot of criminal proceedings, legal qualification of the offense, and the place where . If the premises have an owner, the search should be carried out with the participation of the owner or user.
• Check whether the address specified in the decision at which militiamen arrived is correctly specified. In practice, the house number does not actually correspond to what is stated in the decision. This is a reason to deny law enforcement officers access to the premises.
• If you are visited by persons who will conduct a search and they are not listed in the decision of the investigating judge, these persons must confirm their authority with certain procedural documents.
• After you have checked everything and the search has begun, you need to make a statement in accordance with Article 107 of the CPC that you want this investigative action to be fully recorded on video. Fixation is an effective tool today to protect the rights and interests of a person that may be violated during a search. If the investigator refuses to comply with this requirement, the evidence obtained during the search may be subsequently declared inadmissible by the court. In addition, other evidence based on them is also considered inadmissible (poison tree theory).

  If you have any questions - contact the law firm "Prikhodko and Partners" - we will solve your problems.