"Sometimes law is more art than law."

Khyzhniak Kseniia

Lawyer specializing in criminal law, international criminal law and international human rights law.

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Urgent departure of the lawyer during the search

The Constitution of Ukraine is a guarantee for each citizen of the inviolability of housing and other private property. That is why searches are accompanied by a stressful situation for every person. In addition, in the vast majority of cases, searches take place by surprise. This means that a lawyer is required during the search. Specialists Prykhodko and Partners provide their clients with such a service as the urgent departure of a lawyer during the search.

Legislative framework of the issue

According to the current legislation (Article 236 of the Criminal Procedure Code of Ukraine, part 1), the official who conducts the search (prosecutor, investigator, etc.) is obliged to admit the defender (lawyer) to the place where it is conducted. However, it is worth noting that the participation of a lawyer in such actions is not mandatory. The presence of a lawyer is ensured by a person who wishes to use qualified legal assistance. Lawyers Prykhodko and Partners carry out the most prompt departure during the search.

Among the general rules for conducting a search:

  • Prohibition of holding at night (22.00-06.00). Exceptions are situations when the untimely conduct of the search may lead to the suspect changing his location or losing evidence of the commission of a criminal offense.
  • Before starting investigative actions, a person should familiarize himself with the court decision and receive a copy of it.

That is, investigative actions without a resolution are a serious violation. We recommend recording all violations on video, noting the time of their commission.

Important: in accordance with Article 104 of the Criminal Procedure Code of Ukraine, investigative actions, which include, in particular, a search, must be recorded using video. If the circumstances of the search and the actions of the law enforcement officers are not recorded in the record, it is forbidden to enter them into the search protocol and use them as evidence in the actual criminal proceedings.

  • Another important condition is that at least two witnesses must be involved in the search.

If at least one of the conditions of the search is violated, this gives grounds for challenging the actions of law enforcement officials. It should be noted that the evidence obtained during the search will be considered invalid. In addition, it will be inadmissible to obtain evidence during the search without full video recording. Such evidence cannot be used in criminal proceedings.

Functionality of the lawyer during the search

We offer to consider in detail the functional duties of a lawyer during a search. It is worth starting with the fact that the lawyer provides professional and psychological support to the client during the search.

Also, an important component of the lawyer’s activity at this stage is checking the legality of the search. Lawyers Prykhodko and Partners will analyze the documents that became the basis for the search. These documents must comply with the norms of current Ukrainian legislation. We pay a lot of attention to checking the decision on permission to conduct any investigative actions. If the rights of our client are violated during the search, this will be reflected in the search protocol. All procedural actions will be recorded.

Therefore, during the search, it is important to enlist the support of highly qualified specialists. You will find such specialists in our team.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s departure for a search in Kyiv, fill out the form below.

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Lawyer specializing in criminal law, international criminal law and international human rights law.

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