To you at the enterprise came with a search. How do i hold myself?

What do you need to know when law enforcement agencies came to the enterprise with a search?

Pursuant to point 1 of article 234 of the Criminal Procedure Code of Ukraine, the search is conducted to identify and record information about the circumstances of the commission of a criminal offense of finding the instrument of a criminal offense or property that was obtained as a result of its commission, as well as locating the persons sought.

BEFORE ALL THE EMPLOYEES OF THE POWER STRUCTURES SHOULD PROVIDE THE CERTIFIED COPY OF THE DECISION OF THE COURT WITH A WET PRINT AND THE SIGNATURE OF THE JUDGE. IN THE FORMULATED DECREE, MUST BE SPECIFIED:

1) the validity of the resolution, which can not exceed one month from the date of the determination;

2) the prosecutor, the investigator, filed a motion for a search;

3) the provision of the law, on the basis of which a decision is made;

4) housing or other possessions of a person or part of a dwelling or other possession of a person who must be searched;

5) the person to whom the dwelling or other possession belongs and the person in whose actual possession it is located;

6) things, documents or persons for the identification of which the search is conducted.

That is, without the presence of a court decision, it is impossible to allow an enterprise to be searched. If representatives of law enforcement agencies insist on carrying out the search anyway, you can easily call the police.

It should be remembered that the search of the premises of the enterprise on the basis of the decision of the investigating judge should occur at the time when the least harmful damage to the normal conduct of business is done, unless the investigator, the prosecutor believes that the fulfillment of such a condition could significantly damage the purpose of the search.

There are cases when the address in the decision is correct, and the office number with an error. In this case, the permit to conduct a search must also be refused. The duty to correct the error rests with the judge at the request of the investigator. You can not be allowed to search even when the validity of the decision has expired.

If in the resolution of the investigating judge the specified certain persons who are supposed to conduct the search, but other representatives of the law enforcement agencies have come to you - such persons can be categorically prevented from entering the premises.

According to Art. 236 of the Code of Criminal Procedure of Ukraine, the search on the basis of the decision of the investigating judge should be conducted in the amount necessary to achieve the purpose of the search. Persons present during the search have the right to make statements, petitions, complaints, which are then recorded in the protocol. It is not necessary to hinder a lawful search.

And the most important. If an enterprise has an agreement with a lawyer before the start of the search, I advise you to present a copy of the contract to the investigator and insist on carrying out the search only in the presence of a lawyer, will enable the search to be carried out within the law and minimize the abuse of powers of representatives of the law enforcement agency and reduce errors in the procedural behavior of company representatives.