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Prikhodko Andrey

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 The Constitution of Ukraine guarantees everyone freedom, personal inviolability, professional legal assistance and free choice of a defender of their rights.

 However, it is not uncommon for law enforcement investigators to grossly violate both the Constitution of Ukraine and the Criminal Procedure Code of Ukraine during such an investigative (search) operation as a scene inspection.

 So what you need to know to protect your constitutional rights when an investigator inspects the scene.

 The basis for the inspection of the scene is the information about the crime, which is recorded in the relevant procedural document. Without such information, an inspection of the scene is prohibited.

 Site inspection is an investigative action that is regulated

 Criminal Procedure Code of Ukraine and is conducted in order to identify and record information about the circumstances of the crime. The investigator of the pre-trial investigation body, namely: police, SBU, NABU, etc., has the right to conduct such an investigative action.

 In practice, the inspection is most often carried out on the information of patrol police officers, who during the superficial inspection see signs of a crime and call an investigative task force.

 There is no such concept and such an investigative action as “personal examination” in the criminal procedure law. Instead, there is the concept of “personal search”, which an authorized official can conduct only in two cases:

  • when detaining a person in the manner prescribed by Article 208 of the CPC of Ukraine;
  • and when conducting a search in the manner prescribed by Part 5 of Article 236 of the CPC of Ukraine.

 There are such types of inspections as inspection of the area, things, documents, corpse and corpse related to exhumation.

 During the inspection, the investigator has the right to seize only items, documents important for criminal proceedings, such as those that bear traces of the crime, and items prohibited for free circulation. All seized items or documents are subject to immediate inspection, sealing and placement in a special package or package, which must be signed by the investigator, witnesses and the person in the presence / participation of the inspection.

 It is important to note that the investigator has the right under the Law to prohibit anyone from leaving the place of inspection until it is completed and to take any action that interferes with the inspection.

 However, such a prohibition within the meaning of Article 209 of the Criminal Procedure Code of Ukraine is considered detention and the person is forced to stay close to the authorized official by virtue of obedience to the order. In case of detention, the investigator / prosecutor is obliged to immediately inform the person about the grounds for such detention, explain the rights, responsibilities, and ensure the right to defense.

 I would like to draw your attention to the fact that an authorized official during detention in accordance with Article 208 of the CPC of Ukraine has the right to conduct a personal search, and therefore demand immediate suspension of such actions until the arrival of your lawyer.

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