How can you appeal the violation of rights during a search or...?

According to Art. 303 of the Criminal Procedure Code defines the list of decisions, actions and inactions that can be appealed at the stage of pre-trial investigation. However, it is impossible to appeal the obviously illegal actions and decisions of the investigator/prosecutor during the search.

There are several practical recommendations that can help business owners simplify the search procedure and minimize the negative consequences associated with such investigative measures.

First of all, it is recommended to make a phone call to the lawyer and inform him about the intention to conduct an investigative action in the premises of your enterprise. It should be noted that the search may begin before the arrival of the lawyer, however, regardless of the time of his arrival, the investigator is obliged to allow the lawyer to participate in the search procedure. It does not make sense to be hostile to the search, since in this case physical measures of influence can be applied both to the persons obstructing and to the property.

The second aspect is that the search can be carried out only on the basis of the decision of the investigating judge, except in special cases. Therefore, it is important to first check the correctness of the indicated address of the place of search and the validity period of such decision. Usually, the decision of the investigating judge is valid for one month. If inaccuracies are found in the address or the validity period of the decision has expired, the search cannot be carried out.

The third aspect is the clear establishment of information about all persons participating in the investigative action. Only an investigator (detective) can carry out a search, while other persons, such as operatives, do not have the right to such powers. If the search is conducted by an operative, this is considered a violation that must be recorded in the protocol.

The fourth aspect is to prevent a personal search of a person before the arrival of a lawyer. This includes not checking the contents of pockets, handbags or briefcases. A personal search can be carried out only by an investigator of the same sex, in the presence of the person to be searched and their lawyer.

The fifth aspect is the need to clearly enter all seized objects and documents into the protocol in such a way that they can be clearly identified. Do not use generic descriptions such as "green folder" or similar.

A separate point is the possibility of own video recording during the investigative action. It is worth remembering that the device on which you are recording can also be seized during the search.

It is important to record all violations committed by the investigator during the search.

The most common violations include:

1. seizure of mobile phones, if they were provided for viewing and copying information;

2. seizure of a person's belongings during a search without following the appropriate procedure;

3. seizure of money and personal property unrelated to the crime;

4. the actual search is not conducted by an investigator, but by an operational officer;

5. absence of witnesses at the place of search;

6. limitation of the lawyer's rights or his non-admission.

In practice, the investigator (detective) can seize any property during the search that he deems necessary, with the exception of electronic devices for storing information (phones, disks, flash drives, computers, etc.). Seizure of such devices is allowed only in cases where they are specified in the decision of the investigating judge on permission to conduct a search.