One of the main investigative actions in the framework of the preliminary investigation is the search. The problems of the effectiveness and evidentiary value of this procedure are investigated by many lawyers. All experts agree that this action, performed promptly, provides the most relevant information about the incident. Let us further consider the concept and meaning of the search .
Definition
A search is , as follows from the norms of legislation, a procedural action. Its content is a compulsory inspection of objects or persons for the detection and subsequent seizure of objects, instruments of crime, documents, material assets that are essential for conducting a criminal case. A search may also be aimed at searching for wanted citizens, including those who died.
Causes
A search is allowed only if there is a sufficient number of procedural and factual grounds in the case file. The latter include the assumption that a person in a particular place may have or have values or objects obtained illegally or instruments of crime. The existence of a motivated act (resolution) of an authorized employee on the performance of an inspection in a particular case acts as a procedural basis. This document must be agreed with the prosecutor. The search is regulated by 182, 184 articles of the Code of Criminal Procedure.
Important point
The basis for a search of a home is a court decision. This decision should be adopted in the manner prescribed by article 165 of the Code of Criminal Procedure. The place where the citizen mainly or permanently resides in the status of the owner acts in accordance with the contract of employment (including social) or on other legal grounds. It can be an apartment, a house, a hostel, an office, etc. A residence is also considered a boarding house, hotel, hospital, where the subject is located.
Urgent cases
As mentioned above, the basis on which a search is carried out in an apartment, house, hotel room or other room in which a citizen is located is a court decision. However, the law provides for several exceptions. In urgent cases, the inspection may be carried out in accordance with the decision of the investigator. These include situations when:
- The subject can hide or destroy the desired objects.
- Procrastination with the implementation of the investigative action will provide an opportunity for a person to hide.
- The urgency is due to the situation of the crime just committed.
- The procedure is necessary to suppress subsequent unlawful actions.
When a citizen is detained or placed in custody, a personal search is carried out without any orders.
Tasks
The main functions that a search performs are :
- Detection of objects, valuables, documentation used during the preliminary investigation, as well as instruments of crime.
- Fixing the appearance of objects. In respect of persons discovered, the establishment of information about them.
- Seizure of objects necessary for investigation or prohibited for circulation, ensuring the detention of persons wanted by law enforcement agencies.
- Detection of citizens, including deceased.
- Fixation of hiding places, places of shelter of objects or persons, changes in the situation, undertaken specifically to mask objects.
The value of the search is the implementation of these tasks.
Classification
Types of searches vary in the nature of the objects. Currently, in practice are carried out:
- Inspection of the room. It consists in a compulsory examination of houses, apartments, various kinds of storage, office space, etc.
- Inspection of the area. It consists in the study of household plots and other sites that are in the use of citizens.
- A personal search is a compulsory inspection of shoes, body, clothing of a person.
Other species
Classification is also carried out depending on the method of organization. Based on this feature, a search can be single or group. In the first case, it is executed in one place, in the second - in several. A group search is carried out when there is reason to believe that the items sought are located at persons close to each other, or at the same citizen, but in different places, and when inspections are conducted at the same time, subjects can hide (hide) them. There is also a classification depending on whether the object was previously investigated or not. On this basis, primary and repeated searches are distinguished. The latter is carried out when the first inspection did not provide the necessary information.
Stages
In practice, certain search tactics are used. Inspection involves several stages:
- Preparatory.
- Working.
- Final.
The evidentiary value of the search results is ensured by the consistent execution of all stages.
Preparation
As part of this phase, the investigator:
- Carries out the collection and analysis of information about the wanted objects - their name, size, quantity, individual characteristics, weight, etc. If a personal inspection is carried out, data about the citizen is collected. In particular, his attitude to the investigation is revealed, habits, profession, daily routine, lifestyle, psychological characteristics are established. The investigator also collects information about the place where the wanted objects can be located.
- Draws up a decision and agrees it with the prosecutor. If necessary, with the consent of the specified employee, the investigator draws up a petition to the court for permission to search the home.
- Prepares search, technical means.
- Sets the time to complete an investigative action. As the Criminal Procedure Code indicates, a search is allowed from 6 a.m. to 10 p.m. Night inspection is not allowed, unless urgent.
- Defines the subjects involved in the search, as well as their responsibilities. In addition to the person in respect of whom the inspection is being carried out, a defender, a representative of the enterprise’s management on whose territory the action will be carried out, an inquiry officer, an operational officer of the territorial division of the VD, specialists, a victim, a dog handler, and a witness can be involved in the procedure. A prerequisite for a search is the presence of at least two witnesses.
- Calls participants, instructs them, explains responsibilities, formulates individual tasks and determines rational ways of their implementation.
- It outlines measures that provide hidden access to the place of inspection hidden from the searched person, quick penetration into the room, as well as prevention of possible resistance or escape of the person and destruction of the desired objects.
- Prepares transport for the timely arrival of participants to the appropriate address, delivery of the detained citizen and items seized during the investigative measure.
Work Stage: Preliminary Stage
Before starting a direct examination, the investigator carries out a number of measures aimed at creating conditions for the effective fulfillment of his tasks. Arriving at the place, the employee:
- Provides fast, sudden, unhindered penetration of all participants on the object. To prevent escape, destruction of objects, possible contact with someone over the phone, unauthorized exit from the premises, the investigator sets up security at the door.
- At the entrance, the employee calls himself, shows the identity card, finds out the identities of those present, explains the purpose of the parish. In this case, he must present a decision / court decision on the inspection to the most searched or adult relative under signature.
- Calls a specialist, witnesses, other participants in the event, explains the duties and rights, the rules for the inspection, the responsibility of citizens. Persons are warned that it is unacceptable to divulge information that they become aware of during the search.
- Invites the citizen who has the items to be found to give them out voluntarily. If the person agrees to this and in the absence of fears about concealing other important objects, the search is not carried out. If there are doubts that the citizen has given all the items are present, the inspection continues.
- He selects a freestanding table and frees him from an outsider. It will be composed of writing instruments and technical equipment, as well as objects seized during the inspection.
- Performs a personal search of persons present during the procedure, if there is reason to believe that they may contain the desired items.
Review stage
During this stage, special attention is paid to the observer's observation. When conducting a search, an employee must inspect all objects. In particular, he explores the infield, cellars, buildings, attic and other premises. As part of the inspection, he determines the amount of work ahead and the procedure for its implementation. In the process of the survey stage, the employee needs to identify the most likely places where the desired objects can be located, including hiding places. Of course, the importance of the observer’s observation during the search is enormous. The determination of the intended locations of the items should be based on information gathered at the preparatory stage. In addition, the experience available to the employee in other similar matters is applied. During the review stage, the investigator clarifies the sequence of inspection of individual premises, areas on the ground, the procedure for each participant. He may also instruct other surveyors on appropriate methods in this setting.
Detailed stage
In the course of it, in fact, a direct search for objects is carried out. Inspection can be selective or continuous. In the latter case, the search is carried out in all premises, in all areas. The employee should move in a spiral from the periphery towards the center or along the conditional lines into which the territory is divided. If the investigator has reason to believe that the items may be in specific places, a selective search is carried out. Accordingly, part of the territory is inspected.
Additionally
As part of the detailed stage, the investigator:
- Has the right to open enclosed spaces, move furniture, if the owner refuses to do it himself.
- Examines the object, if possible without violating the integrity, by piercing, tapping, probing, matching with similar objects.
- He monitors the behavior of the searched citizen and his relatives in order to identify signs of unrest, which, in turn, will allow us to draw a conclusion about the places of concealment of the sought.
- Shows objects, valuables, documents found during the inspection, to persons participating in the event. When shown to witnesses, the employee draws their attention to the individual properties of the objects, and also indicates the place of their discovery.
- Items prohibited for sale are seized in any case.
- It examines all objects on the ground, fixes their description in the protocol, packs them, seals them, which is confirmed by the signatures of the persons participating in the case.
If necessary, the employee can involve technical assistants in the procedure. As a rule, this is required when viewing a large volume of documents. In this case, an inventory of securities is formed. It is attached to the protocol. Seized documentation must be sealed.
The specifics of the inspection of the premises
All parts of the object where the desired items may be located should be carefully examined. To do this, the employee finds out if the room has a basement, attic, annexes, storage areas for fuel, tools, garage, etc. In the process of searching for caches, it should be taken into account that they can be masked in different areas. For example, in the floor, wall, under the ceiling, in a closet and other furnishings, in the attic, in utensils, etc.
Features of the tour
Searching an open area is often accompanied by a number of difficulties. First of all, they are associated with a large area of the area. For the most effective inspection, it is advisable to divide the territory into rectangular, square or other sections, depending on the terrain. In the process of inspection, all buildings located on the territory are subject to inspection. They include, but are not limited to, wells, cellars, sheds, etc. Trees, birdhouses, hollows, beehives, shrubs, and so on are examined. If during the search a criminal is searched, a dog handler with a dog is involved.
Personal inspection
It is performed by at least two employees. The first discovers items and documentation and seizes them. The second monitors the behavior of a citizen to prevent resistance or other illegal actions on his part. Inspection is subject to all items that are at the searched.