Social and Legal Studios

Abstract

Residence searching or searching a person, staying at the residence or other ownership encourage participants to contest their results, as it could be the rights of violation to defence. The right of an investigator or a prosecutor, as power for prohibiting any person to leave crime scene till searching is finished can be interpreted differently by the parties of criminal case. It is interpreted by some defendants as the restriction of the right to free movement as on their conviction it is too close with actual arrest of a person. As a result – some lawyers present the position of violation of rights of defence in the mentioned above case, so in criminal cases the defendants ask for accepting inadmissible evidence, gathering during investigation actions and derivative from this evidence. So as the result of personal scientific and practical research the following should be mentioned: – such a procedural activity of an investigator or a prosecutor as applying by them requirements of part 1, 3 article 236 of CPC of Ukraine by taking measures for providing presence during the search of persons, whose rights and legitimate interests can be limited or violated and also statement of prohibition directed to indicated or any present people to leave the search of the crime till it will be finished and commit any actions, that interfere process of the searching as it is fundamental legitimate functions of an investigator or a prosecutor; – it shouldn’t be considered, that time range during which the person whose rights and legitimate interests can be limited or violated and also statement of prohibition directed to indicated or any of the present people to leave the search of the crime according to the requirements of parts 1.3 of the article CPC of Ukraine present during search of the crime and the moment, that is a beginning of march of the time and can be respectively interpreted as a period of their detention as well as the moment of detention.

Keywords: searching homeownership, personal searching, inspection, admissibility of the evidence, actual arrest, restriction on the right to free movement, inclusion of the data to the Unified Register of pre-trial investigations

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