A search is a process that is fraught with many nuances. It is carried out during the investigation of certain criminal cases. But the grounds and order thereof must be found in advance. It is not always possible to search. Moreover, it is important to comply with legal standards of conduct during this process. In fact, during a search, law enforcement agencies invade someone else's home. If they do not comply with the rules and conditions prescribed in Art. 182 of the CPC, there is a direct violation of your rights to integrity. To avoid this, you have to study the legislation of the country in all the nuances. What you should pay attention to? How is a search? On what rights is this done?
Grounds
The first important point indicated in Art. 182 of the CPC, - the grounds for the search. Remember: just like that, no one has the right to invade your home and inspect it. There must be a reason for the search. Otherwise, this is a direct violation of the laws established in Russia. A weighty argument for conducting a search is the suspicion of the presence of important objects, documents, equipment, as well as weapons related to the criminal case in a particular dwelling. Also, the process is possible with sufficient reason to believe that the offender is in the apartment. An important point: the purpose of the search may be to detect corpses and criminals in the territory. So not only the suspicion of the presence of documents and objects important for the investigation allows a search.
Decisions and Decisions
It is worth paying attention to other points prescribed in Art. 182 Code of Criminal Procedure. The order of the search is what will have to be studied more specifically. Violating established rules is prohibited.
You have the right to prevent an investigator or other law enforcement officer from conducting a search without a special order or court order. They serve as the documentary basis for starting the process. The following is important: the one who will carry out the search must show the tenant the documents in his possession before him. As already mentioned, it is either a judicial decision, or a resolution of the investigator. The absence of these papers allows not to let anyone who was going to search the apartment into the home. You also have the right to refuse access to real estate in the event of a refusal to request to show you the relevant ground documents.
World offer
What else does Art. 182 Code of Criminal Procedure? That the investigator should offer the citizen to hand over weapons and other things important to the investigation before the search begins. For example, documents or values related to a criminal case.
If a citizen independently and voluntarily surrenders what is required of him, the search may not begin. To conduct it or not, the investigator decides at his discretion. After all, all the ground documents he has. In principle, in practice, a search is still carried out if there are suspicions that a citizen who is in the home has hidden any evidence that is important for the criminal case.
Tolerance
The next important point indicated in Art. 182 of the CPC is the procedure for gaining access to premises. The investigator has the right to search absolutely the entire apartment without exception. That is, they must provide access to all rooms. If a citizen refuses this, any door or lock can be opened at the discretion of the investigator. Only taking into account the absence of damage to property. In other words, an autopsy should occur without causing damage. Except in cases in which property damage is simply inevitable.Remember - no one has the right to break into your house just like that and inaccurately open the premises with a search. In practice, the investigator usually has full access to the entire apartment without any problems. Especially when you have nothing and no one to hide.
Secret of investigation
Art. 182 of the CPC "Procedure for the production and grounds for the search" indicates that the investigator is required to keep the process secret. More precisely, it is his responsibility to take measures for this.
What is this about? That the investigator should take all measures to not disclose the citizen’s personal information. That is, if privacy details or personal / family secrets “pop up”, they should not be made public. This also includes details of the privacy of others. The law investigator must do everything to keep the information received secret.
Usually a search occurs with witnesses. The investigator has the right to prohibit all those present in the apartment from communicating with each other, as well as with other persons, until the process is completed. This is a normal practice. She is completely legal. No violations in this situation are observed. After all, negotiations can distract from the search or somehow prevent him.
Withdrawal
In any search, an important point is the seizure of certain items that have something to do with the criminal case. This process should also be accompanied by compliance with some simple rules prescribed in Art. 182 Code of Criminal Procedure "Grounds and procedure for the search". Everything that is withdrawn from circulation (documents and things) is withdrawn by the investigator without fail. Particular attention is paid to electronic media. They are seized according to special rules: with the participation of a specialist. By request of the legal owner of the medium or the owner of the information on it, with the understanding, the investigator copies the data. For example, a different technical tool is used for this.
Information cannot be copied when this may interfere with the investigation of a criminal case. Or if the specialist expresses the opinion that the transfer of data can damage them or change in some way. That's how hard it is. Please note - the owners of electronic media or information on them are transferred copies made in the presence of a specialist. About this should be made an appropriate entry in the protocol of the search.
Packaging
The order of the process requires compliance with many nuances. The fact is that after the search, the seized items, documents and valuables are shown to witnesses, as well as to all those present in the room. If necessary, all this is packed and sealed. To confirm the process, the signatures of those present during the search are put. Usually these are witnesses and tenants of the apartment. According to Art. 182 of the CPC, judicial practice indicates that in almost 100% of cases it is necessary to pack and seal every evidence or other seized item, attaching all this to the signatures of those present. Such a technique will help to avoid being accused of forgery or changing data / equipment. Therefore, the investigator is advised to seal and pack all objects of not too large sizes.
Members
Art. 182-183 of the Code of Criminal Procedure indicate the features of the search, as well as the seizure of objects, things. According to the established norms, these processes must include persons in whose home a search is made, or adult citizens who are members of the family of a person living in the searched territory. To confirm the actions of the investigator, witnesses are invited - outsiders "from the street" who are not related to the criminal case. The law permits the presence of outsiders during the search on the territory of the searched apartment. Or rather, advocates or lawyers of people living in this territory. The remaining citizens are not allowed.As already mentioned, sometimes the investigator may prohibit even communication with third parties until the end of the search.
Protocol
During the search, a protocol is compulsory. The rules for writing it are regulated Articles 166-167 The Code of Criminal Procedure of the Russian Federation. It is necessary to pay attention to what data is entered in the document. Here circumstances and places of detection of seized objects, valuables and documents should be recorded. It is mandatory to indicate exactly how things are received: the citizen himself gave them or forcibly. For example, they can be found when inspecting a home.
Everything that is planned to be removed must be indicated in the protocol. And with all the details and characteristics: estimated cost, measures, weight, individual characteristics. Without an accurate description of objects, they cannot be taken. That which is not indicated in the protocol cannot be arbitrarily seized by the investigator. This is a violation of the search procedure.
If during the process someone made an attempt to conceal or destroy important data or items related to the criminal case, they should be recorded in the protocol. As it is not difficult to guess, also indicating all the nuances of the incident. The measures taken to eliminate the event are recorded in the protocol by the investigator. That is exactly what art says. 182 Code of Criminal Procedure (with and without comments).
After the search is completed, something else needs to be done. The investigator is obliged to give a copy of the protocol of the process to the tenant in whose house he was produced. Or the document is given to other adult members of his family. When it comes to a search of a company or organization, a receipt is issued to the administration of the institution or its legal representative.
Comments
A search is a compulsory procedural search in a certain territory in order to detect the fixation and seizure of documents, as well as items related to a criminal case. This also includes the discovery of corpses and wanted people (criminals).
Commentary on Art. 182 of the Code of Criminal Procedure of the Russian Federation indicates that the grounds for the search can be considered sufficient information that somewhere (in the institution or apartment, as well as other premises) there may be objects and documents significant for the investigation (valuables, living citizens, corpses, electronic carriers and so on). And also if there is a probability of complete or partial destruction of the above items or their concealment.
