The Verkhovna Rada of Ukraine has adopted a law that provides for mandatory audio and video recording of the search. Now entrepreneurs will have fewer problems with theft of money, smartphones, credit cards during searches. The law obliges the investigator and prosecutor to record all searches, regardless of the status of the person or the location of the search. If there is no audio or video recording, the prosecutor will not be able to use all the evidence in court.
Earlier, the investigator himself decided whether to allow the lawyer to be searched. In 99% cases, a lawyer was not allowed to give the investigator freedom of action. Without a lawyer, you can safely seize any property or not enter the seized property in the search report. But now the entrepreneur can call a lawyer to the scene of the search and the investigator must allow a lawyer. If the investigator violates the law and does not allow the lawyer to be searched, and the lawyer proves it in court, all the evidence obtained will be declared invalid.
The court granted 90% requests from investigators and prosecutors for a search. In fact, there was a pipeline: the prosecutor signed a number of requests for a search, and the court, due to lack of time, did not understand, issued a search warrant. This became possible because there was no audio recording of the process and the judge could "at once" consider a dozen such motions. However, now audio and video recording of any process is mandatory. From now on, the prosecutor is obliged to prove the need for a search / access to documents / seizure of property in court. IMPORTANTLY! Video recording of the trial will be mandatory only from January 1, 2019.
Earlier, after the report of the crime, the applicant had no idea whether the investigator had instituted criminal proceedings. He will now receive an extract from the Unified Register of Pre-trial Investigations, which contains a lot of useful information: the number of criminal proceedings; personal data of the investigator and prosecutor who are responsible for the investigation; the plot of a criminal offense; previous legal qualification. The applicant will no longer need to call the police or the prosecutor's office for hours to find out the basic information. In addition, an extract from the ERDR makes it easier for the applicant to challenge the inaction of the investigator or prosecutor.
The investigator must allow the lawyer to conduct a search at any stage. In the past, it was often different: the investigator started the search, and the lawyer arrived at the place of the search already in the process of drawing up a search report and confiscation of property. The investigator denied the defense counsel access to the search site because the lawyer was not present at the beginning of the proceedings.
