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Protection of own rights during a search
Someone broke into my place and searched it. I was confused and didn’t know what to do. Can you advise me on how to handle similar situations?
If law enforcement officers have appeared in your home for the purpose of conducting a search, it is very important to understand your rights as provided by the Criminal Procedure Code of Ukraine. However, it can be difficult not to be bewildered in this situation, especially if you did not even suspect that you would become a participant in such events. Undoubtedly, this situation is quite stressful for the person who is being searched, so it is difficult to calm down and take control in order to exercise their legal rights. According to statistics, only a third of citizens are interested in their rights before such a situation arises, and therefore, without the help of a lawyer, they may succumb to the unlawful actions of law enforcement officers.
Therefore, know that a citizen who becomes a participant in a search cannot be deprived of the right to assistance of a lawyer in criminal cases, including during the search of their residence or other property.
The right to protect the rights of the searched person belongs to the lawyer who is licensed to provide legal assistance, regardless of the stage of the search procedure.
Before the arrival of the lawyer, you must make sure that representatives of law enforcement agencies have actually believed in you. So be sure to check the identification documents of all representatives, which should contain the following information:
– Series, number.
– Last name, first name, and patronymic (in full), special rank, position.
– Date of issue and expiration date of the certificate.
– Data of the head of the law enforcement agency that issued the certificate, namely: last name, initials, position, and signature.
– Stamp of the state agency that issued the certificate.
In addition, employees of the national police must identify themselves by stating their last name, position, and rank.
Don’t forget to record the information indicated in these documents. Additionally, call the state agency from which the employees arrived and make sure that the persons who arrived are indeed employees of the state agency and have the authority to conduct a search of the premises at your address.
Your next step is to make sure that there are legal grounds for carrying out this action.
The use of technical means to record the search process in audio or video format is allowed, but a written application should be submitted. Both the victim and the suspect have this right.
According to Article 223 of the Criminal Procedure Code of Ukraine, the search must be conducted in the presence of at least two witnesses. To prevent falsification of the results of the procedure or any other machinations that violate the rights of the searchee, witnesses cannot be relatives of the victim or the suspect, law enforcement officials, or persons interested in the results of the investigation.
Remember! Participants in the search must be informed of their rights, duties, and responsibility established by law. The first part of the protocol should be drawn up before the start of the inspection procedure and should contain the signatures of the participants that they have been informed of their rights. They have the right to make comments on the conduct of this procedural action in the protocol. The suspects have the right for all their remarks arising during the search to be included in the protocol.
Search can only be conducted during daytime hours from 6:00 a.m. to 10:00 p.m. In exceptional cases, search can be conducted during nighttime if the delay may result in the loss of evidence or escape of the suspect. The law stipulates that the procedure should be carried out at a time that does not interfere with the ordinary affairs of the people in the premises. Violation of this requirement is allowed only if the prosecutor or investigator considers that its execution can significantly affect the results of the process.
The arrival of a human rights defender will allow the search participant to ensure their rights guaranteed by law. Protect yourself from unlawful actions and baseless accusations and in such cases immediately seek assistance from a lawyer.
Get advice from an expert:
+38 (067) 124-12-12
+38 (093) 963-12-12
+38 (0432) 611-577
