Only an investigator or an inquiry officer has the right to conduct a search. In rare cases, if such an order is given, other employees, but necessarily working in law enforcement agencies. All these persons, in accordance with Part 2 of Article 182 of the Criminal Procedure Code of the Russian Federation, are required to have an investigator's resolution with them, which must contain the number of the criminal case with the date of its initiation. Only on an open criminal case is it allowed to conduct a search.
Instructions
Step 1
If someone comes to you with a search, examine the identity cards of the employees, carefully read the order of the investigator, check the date. Pay attention to the presence of a prosecutor's sanction to conduct a search. However, this procedure is possible without a court decision or authorization of the prosecutor, but on the basis of a decision of the investigator and only when the proceedings are urgent.
Step 2
A search is an official investigative activity. Therefore, for the duration of the search, you have the right to demand the presence of a lawyer. This is stipulated in part 11 of Article 182 of the CCP: during the search, a defense lawyer or a lawyer of the person whose apartment or office is being searched may be present.
Step 3
Pay attention to whether attesting witnesses have been invited. They must be present, at least two people must be witnesses. They accompany and observe every action of law enforcement officers in your premises.
Step 4
You have the right to receive a copy of the protocol drawn up at the place of the search. According to Part 1 of Article 166 of the Criminal Procedure Code, the protocol must be drawn up during the search or immediately after it. When signing the protocol, you have the right to list all violations committed during the search. Remember, the protocol is dated and signed by all those present during the search, there is no need to put a seal. Therefore, do not react to offers to go to the station or appear there the next day so that you will be given a protocol there, these actions are illegal.
Step 5
Together with the protocol, an inventory of everything seized must be made and handed over. The inventory should be drawn up in as much detail as possible.
Step 6
Behave politely, with restraint, without hysterics and discontent. Do not interfere with investigative actions if your rights are respected and the procedure takes place within the framework of the law. Delve into everything, follow everything and control every action of the employees.
