...to the suspect's apartment without the judge's permission, but the apartment was rented? The owner of the apartment seems to have allowed the search, the lease agreement has been drawn up.
Answer provided 04.07.2023 21:24
YES, it can. Under certain circumstances, a search may be conducted without a court order.
According to Part 3 of Article 233 of the Criminal Procedure Code of Ukraine, the Investigator, investigator, prosecutor has the right to enter the home or other property of a person before the decision of the investigating judge is issued only in urgent cases related to saving lives and property or direct prosecution of persons suspected of committing a criminal offense. In such a case, the prosecutor, investigator, inquirer, in agreement with the prosecutor, is obliged to apply to the investigating judge immediately after taking such actions with a request to conduct a search. The investigating judge examines such a petition in accordance with the requirements of Article 234 of this Code, checking, among other things, whether there really were grounds for entering a person's home or other property without a decision of the investigating judge. If the prosecutor refuses to agree to the request of the investigator, the inquirer for a search or the investigating judge refuses to grant the request for a search, the evidence established as a result of such a search is inadmissible, and the obtained information is subject to destruction in the manner provided for in Article 255 of this Code.
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