A search is what? The concept, tasks and types of search

One of the main investigative actions in the preliminary investigation is a search. этой процедуры исследуются многими юристами. The problems of efficiency and the evidentiary value of this procedure are investigated by many lawyers. All experts agree that this action, carried out promptly, provides the most current information about the incident. . Let us consider the concept and meaning of the search .

Definition

, как следует из норм законодательства, процессуальное действие. A search is , as follows from the norms of the law, a procedural act. Its content is compulsory inspection of objects or persons for the detection and subsequent removal of items, instruments of crime, documents, material assets that are essential for conducting criminal proceedings. может также быть направлено на поиск разыскиваемых граждан, погибших в том числе. Conducting a search can also be directed to the search for wanted citizens who died, among other things.

Causes

допускается только при наличии в материалах дела достаточного количества процессуальных и фактических оснований. The conduct of the search is allowed only if there is a sufficient number of procedural and factual grounds in the materials of the case. 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. As a procedural basis is the presence of a motivated act (decision) of an authorized employee on the performance of inspection in a particular case. This document must be agreed with the prosecutor. регламентируют 182, 184 статьи УПК. The search is regulated by 182, 184 articles of the Criminal Procedure Code.

An Important Moment

, является судебное решение. The basis for the search of a home is a judicial decision. This decision must be taken in the manner prescribed by Article 165 of the CPC. As a home, a place in which a citizen predominantly or permanently resides in the status of an owner, in accordance with the contract of employment (social including) or on other legal grounds. They may be an apartment, a house, a dormitory, an office building, etc. A dwelling is also considered a boarding house, a hotel, a hospital, where the subject is located.

Urgent cases

судебное решение. As it was said above, the basis on which a search is carried out in a flat, house, hotel room or other room in which a citizen is located is a court decision. However, the legislation provides for several exceptions. In urgent cases, the examination may be carried out in accordance with the investigator's decision. These include situations where:

1. The subject can hide or destroy the objects.
2. Delay with the implementation of the investigative action will ensure that a person can escape.
3. The urgency is conditioned by the situation of the crime committed just now.
4. The procedure is necessary to prevent subsequent misconduct.

When detaining a citizen or placing him in custody, a personal search is carried out without any regulations.

Tasks

: The main functions that perform a search are :

1. Detection of objects, valuables, documentation used during the preliminary investigation, as well as instruments of crime.
2. Fixing the appearance of objects. In relation to the detected persons - the establishment of information about them.
3. The seizure of objects necessary for investigation or prohibited for trafficking, ensuring the detention of persons wanted by law enforcement agencies.
4. Detection of citizens who died, including.
5. Fixing of caches, places of sheltering of objects or persons, changes in the environment, undertaken specifically for the disguise of objects.

заключается в реализации этих задач. The meaning of the search is the realization of these tasks.

Classification

Types of searches differ in the nature of the objects. Currently, in practice:

1. Inspection of the room. It consists in the compulsory examination of houses, apartments, various storages, offices, etc.
2. Inspection of the area. It consists in studying homesteads and other plots that are in the use of citizens.
3. принудительный осмотр обуви, тела, одежды лица. A personal search is a compulsory examination of shoes, body, face clothes.

Other types

Classification is also carried out depending on the method of organization. On this basis, the search can be single or group. In the first case, it runs in one place, in the second - in several places. A group search is carried out when there are reasons to believe that the objects sought are found among persons close to each other, or from one citizen, but in different places, and when the examinations are carried out at the same time, subjects can hide (hide them). Also there is a classification, depending on whether the object was previously examined or not. On this basis, a primary and a repeated search are distinguished. The latter is carried out when the first inspection did not give the necessary information.

Stages of

. In practice, a certain tactic of search is used . Inspection involves several stages:

1. Preparatory.
2. Working.
3. Final.

обеспечивается последовательным выполнением всех этапов. The proof value of the search results is ensured by the successive implementation of all stages.

Preparation

Within the framework of this stage, the investigator:

1. It collects and analyzes information about the searched objects - their name, size, quantity, individual characteristics, weight, etc. If a personal inspection is carried out, data on the citizen are collected. In particular, his attitude to the investigation is revealed, habits, profession, routine, way of life, psychological features are established. The investigator also collects information about the place where the wanted objects can be located.
2. It makes a decision and coordinates it with the prosecutor. If necessary, with the consent of the said employee, the investigator files an application with the court for permission to carry out a search into the dwelling.
3. Prepares search, technical means.
4. Sets the execution time of the investigative action. As the Criminal Procedure Code points out, the search is allowed from 6 am to 10 pm. It is not allowed to inspect at night, except for urgent cases.
5. Identifies the subjects involved in the search, as well as their responsibilities. In addition to the person in respect of which the inspection is carried out, a defense counsel, a representative of the management of the enterprise in whose territory the action will be carried out, an investigator, an operational officer of the territorial department of the Interior Department, experts, a victim, an inspector-dog handler with a dog, a witness may be brought to the procedure. An obligatory condition for conducting a search is the presence of at least two witnesses.
6. Calls participants, instructs them, clarifies duties, formulates individual tasks and determines rational ways of their implementation.
7. It outlines measures to ensure that access to the place of inspection hidden from the searched access, rapid penetration into the premises, as well as prevention of possible resistance or escape of the person and destruction of the objects sought by him.
8. Prepares the transport for the timely arrival of participants at the appropriate address, the delivery of the detained citizen and the items seized during the investigation.

Working stage: preliminary stage

Before the direct inspection begins, the investigator implements a number of measures aimed at creating conditions for the effective performance of his tasks. Arriving at the place, the employee:

• Provides rapid, sudden, unobstructed penetration of all participants into the object. To prevent escape, destruction of objects, possible communication with someone on the phone, unauthorized exit from the premises, the investigator exposes the guards at the door.
• At the entrance, the employee calls himself, shows the identity card, finds out the identity of those present, explains the purpose of the parish. At the same time, he must present a decision / judgment on the execution of the examination to the most searched or adult relative under the signature.

• Calls a specialist, witnesses, other participants of the event, explains the duties and rights, the rules of the inspection, the responsibility of citizens. Persons are warned that it is unacceptable to disclose information that they will become aware of during the search.
• Offers the citizen, who has the desired items, to issue them voluntarily. In case of consent to this person and in the absence of fear of concealing other important objects, the search is not carried out. If, however, doubts that the citizen has issued all the items are present, the inspection continues.
• Chooses a stand-alone table and frees it from an outsider. It will contain written supplies 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 have the desired items.

Review stage

During this stage, special importance is attached to the investigator's observation. When conducting a search, the employee must inspect all objects. In particular, he examines the plot of land, cellars, buildings, attic and other premises. Within the scope of the inspection, he determines the scope of the forthcoming work and the procedure for its implementation. During the overview stage, the employee needs to identify the most probable places where the desired objects, including caches, can be found. Of course, the importance of the investigator's observation during the search is enormous. The definition of the proposed location of the items should be based on information gathered at the preparatory stage. In addition, the employee's experience in other similar cases is used. During the review stage, the investigator specifies the sequence of examination of individual rooms, plots on the terrain, the order of actions of each participant. He can also instruct other persons doing the survey about methods that are appropriate in this setting.

Detailed stage

In the course of it, in fact, a direct search for items is made. Inspection can be selective or continuous. In the latter case, the search is carried out in all premises, at all sites. The employee should move spirally from the periphery towards the center or along the conditional lines to which the territory is divided. If the investigator has reason to believe that the items may be in specific places, a selective search is conducted. Accordingly, part of the territory is inspected.

Additionally

Within the detailed stage, the investigator:

1. Has the right to open closed rooms, move furniture, if the owner refuses to do it himself.
2. Survey the object, if possible without violating integrity, by puncturing, tapping, probing, comparing with similar objects.
3. It monitors the behavior of the searched citizen and his relatives in order to identify signs of unrest, which, in turn, will lead to a conclusion about the places of concealment of the sought.
4. Displays items, valuables, documents found during the inspection, to persons participating in the event. When the employee is shown, the employee draws their attention to the individual properties of the objects, and also indicates the location of their detection.
5. Items prohibited for sale are withdrawn in any case.
6. Conducts an inspection of 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. Typically, this is required when viewing a large amount of documents. In this case, an inventory of securities is formed. It is attached to the protocol. The seized documents are to be sealed.

Specificity of inspection of premises

All parts of the object, where the desired objects can be found, should be carefully examined. To do this, the clerk finds out if there is a basement, an attic, outbuildings, storage areas for fuel, tools, a garage, etc. in the room. In the process of finding caches, one should take into account that they can be disguised in different areas. For example, in a floor, a wall, under a ceiling, in a case and other subjects of furnishings, in an attic, in ware and so forth.

Features of the tour

The search in the open territory is often accompanied by a number of difficulties. First of all, they are connected with a large area of the area. For the most effective survey, it is advisable to subdivide the territory into rectangular, square or other areas, depending on the terrain. In the course of the activities, all buildings located on the territory are subject to inspection. These include, among others, wells, cellars, sheds, etc. Inspected trees, bird houses, hollows, hives, bushes and so on. If a search is made for a criminal during the search, a cynologist with a dog is involved.

Personal inspection

It is performed by at least two employees. The former detects objects 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 found during the searched.