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Criminal procedure

6 minute read

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A search cannot be “called off” on the doorstep. But almost everything done in breach of the rules can be recorded — and later strip the search results of their evidential force.

Start with the ruling

A search of a home or other property is carried out only on a ruling of an investigating judge. Before it begins they are obliged to show it to you and leave a copy. Not an investigator's decision, not an “instruction” — a court ruling.

Read it in full, even if you are being pressured. The ruling sets the limits of what can be done in your home at all.

SEARCH RULING Court, judge, date Must be an investigating judge — not an investigator, not a prosecutor Period of validity Once it expires, the search can no longer be carried out Exact address They may search only where stated — not the neighbour's garage What may be searched for Only this may be seized — plus what the law bans outright
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These four details set the limits of the search. Anything going beyond them is grounds for comments in the record and a basis for raising the inadmissibility of the evidence obtained (Articles 234, 235 CPC).

How it happens

01 Ruling and copy read it to the end 02 Call your lawyer at once, no later 03 Search on video recording is mandatory 04 Record and inventory second copy goes to you a lawyer must be admitted at any of these stages
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They are not obliged to put the search off until your lawyer arrives — but nor do they have the right to keep them out once they get there, even at the last minute.

The right to a lawyer — and what it does not give you

The investigator has no right to bar you from using a lawyer's legal assistance and is obliged to admit them at any stage of the search — even if the search has already been going on for an hour.

An important distinction

This does not mean the search has to be put off until your lawyer arrives. The investigator may start without them. So call at once, as soon as you hear the knock — not after you have been asked to open the door.

Article 236(1) of the Criminal Procedure Code of Ukraine

Video recording is mandatory

A search on the basis of an investigating judge's ruling must without exception be recorded on audio and video. This is not the investigator's choice, it is a requirement of the law.

If no recording is being made, or the camera was “accidentally” switched off for a time, that is a serious breach. Say so out loud (so that it goes onto the recording that does exist) and be sure to set it down in writing in the record.

How to behave

  1. Do not resist and do not obstruct. That is a separate offence and the one certain way to ruin your position for good.
  2. Give no explanations. A search is not a questioning. You are not obliged to comment on what is found or to answer questions like “and whose is this?”.
  3. Stay beside the people doing the searching. You have the right to be present. If there are several rooms, ask a relative to be in another one — so that no room is examined without a witness on your side.
  4. Record it yourself. Film on your phone if you are not forbidden to, and in any event note down the times, the surnames and the ID numbers.
  5. Check before anything is seized. Every item must be named and entered in the inventory before it is carried out.

The record and the inventory

Once it is over, a record is drawn up with an inventory of what was seized. The second copy must be handed to you or to an adult member of your family.

Before you sign, write in every comment in your own hand: when the lawyer arrived and whether they were admitted, whether video recording was carried out, whether any room was examined without you, whether every seized item is entered in the inventory. Wording along the lines of “I have no comments” is better left unsigned if you do have comments.

Sample comments for the record
“The lawyer arrived at ___ h ___ min and was / was not admitted to take part in the search. Video recording was / was not carried out from ___ to ___. Room ___ was examined in my absence. Not entered in the inventory: ___”.
Write in your own hand, be specific and give the times. It is these lines that later become proof of the breach — a general “I disagree” does not work.

Article 236(9) of the Criminal Procedure Code of Ukraine

After the search

  • Make your own copy of the record and the inventory straight away.
  • Write down the timeline from memory the same day — in a week the details will have faded.
  • Seized property of no relevance to the case can be recovered through a motion and a complaint to the investigating judge.
  • If the search was carried out without a ruling or went beyond its limits, that is a basis for raising the inadmissibility of the evidence in court.
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Have they come to search your home?

Call while it is still going on — a lawyer must be admitted at any stage.

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