No one is guaranteed against contacts with law enforcement agencies, which is particularly true for business owners and top managers. People are generally at a loss when they see law enforcers at the doorstep. – they have no idea, what to do. “First of all, calm down!” – says a criminal defense lawyer, Natalia Shekina. This article explains what to do, when your office is searched. Be sure to keep the memo, though you’d better never use it.
First of all, calm down. If it is a search, the presence of law enforcement officers in you office means only one thing, that the investigators believe that there are things, documents and valuables of importance for investigation of a specific criminal case in the room or with a certain individual (possibly, your employee).
A search may be held in several cases:
- When you yourselves are the suspect or accused on a criminal case. In that situation, you would be entitled to ask for presence of your lawyer. However, you need to keep in mind that they should then serve to you a warrant on institution of a criminal case against you or on accusing you. You will have no procedural status before that.
- When any of your employees has that status, i.e., is the accused or suspect in a criminal case.
- When you are a potential witness in a criminal case against third parties, e.g., when there is a criminal case against your counterparty’s executive officer, and the investigators believe that you have documents related to the case under investigation. They may include contracts, payment vouchers, waybills, etc. In that case, you should not worry, especially if you have not breached the laws.
When they come to you with a warrant, it is very important to read carefully the warrant that should specify grounds for the search.
I would like to say a few words about the warrant. A warrant may be issued within an initiated criminal case. It is issued by an investigator and must be approved by a (deputy) public prosecutor, except when the warrant is issued by the (acting) Chairperson of the Belarus Investigative Committee, the (acting) Chairperson of the State Security Committee, when public prosecutor’s approval is not required.
The same happens, when the investigators believe that there is a real risk that the documents or valuables under search may be lost or damaged. The search may be then held without a public prosecutor’s warrant, though, with subsequent notification of the latter within 24 hours.
So, let us proceed to the search procedure as such.
A search may be carried out by the investigator himself/herself, or, at his/her assignment, by an officer of the investigative agency, with mandatory participation of (at least two) witnesses.
The first thing that the investigator or the investigative agency officer should do is to present himself/herself and acquaint you with the search warrant. You should be able to learn from the warrant about the criminal case within the search is conducted, and, accordingly, your relation to that case.
Some people may ask such questions, as:
- May a search be conducted during weekends or on holidays? Yes, absolutely; the search time is determined by the investigator.
- May a search be rescheduled to a more convenient time, so it could be attended by the owners or a top manager? Answer: no! If the manager is out of office, the investigator or the searcher may engage, in fact, any employee who does not have to have an official status. No one may influence upon rescheduling of the search time.
- Do the laws regulate the duration of search? No. A search shall take as much time, as the searcher finds necessary. Even at the working day’s end, the company’s representative attending the search would be required to stay until signature of the minutes.
7 aspects to be kept in mind by everyone
One. All actions of the searcher must be under control. What does it mean? For example, when the investigator examines a safe cabinet, the witnesses and the company representative should stay behind him/her, strictly monitoring the sequence of his/her actions. Other law enforcement officers may not conduct the search in another room or another location at the same time. The company representative present at the search is entitled to monitor each step of the investigator and see every thing or document found and seized by him/her.
Two. Search minutes, where the participants may enter their comments and supplements should be compiled at end of the procedure. This means, that the company chief executive officer or employee present at the search are entitled to register in the minutes, by their own hand, all violations that, according to them, took place, such as absence of witnesses, negligence of documents, or suspected forgery of the search outcomes, etc. One should be extremely attentive.
Three. All things found and seized should be entered into the investigative minutes. A copy of the minutes must be served to the company representative.
Why is it necessary? You should know, what documents could be reclaimed later on, or provide a copy of the minutes at request of inspecting authorities (accounting documents would be seized, in general).
Four. If you are the suspect or accused, you may ask for presence of your lawyer. As it was stated above, then you should be promptly served a criminal case initiation warrant, or on acknowledging you as the suspect. No one has any procedural status before then.
However, any one, who is not a suspect or accused, may conclude, ahead of time, a contract with an Attorney at Law to represent him/her, inter alia, during a search. Then you would be able to demand your lawyer’s presence during the search. The search, though, may refuse to wait for the lawyer’s arrival at the search site.
Five. A search is not an arrest, and, accordingly, mobile communication is not prohibited. Any one may call the lawyer and get consultations on search matters. The number and time of telephone calls are unlimited. However, we do not advise you to leave the searched room, to make sure that your rights are not infringed upon in your absence.
As concerns making photos and video recording, they are possible upon the investigator’s permission, as the minutes must have a record about all technical means used during the search.
Six. Computer hardware may be seized, when the investigators are interested in communication exchange or electronic contracts (especially, if it concerns a foreign counterparty). You should keep in mind, though, that all your independent actions on changing any information, even if it does concern the criminal case, will be considered as interfering with legitimate activity of law enforcement officers.
Another aspect: if your computer is seized, make sure that the hard drive is thoroughly sealed to exclude data modification in future.
Seven. The most important thing.
Do not interfere with the search conduct, as any such interference from your side will be considered as “an attempt to interfere with legitimate activities of an official performing his/her official duties”.
That may bring negative consequences, such as administrative or criminal prosecution. We do not need additional problems, do we?
As you see, the most important thing in such a complex situation, as a search, is put a bold face on, stay calm and adequately respond to the events and make sure that you do not harm your case. The lawyer shall figure it all out later on and advise on the best behavior during an investigation or testimony, if necessary.
Upon establishment of any right violations, they should be registered in the search minutes, so that you could send a claim later on to the public prosecutor’s office or to a court. Concentration, clear understanding of your rights and attentiveness is what you need during a search, before anything else.
We hope that this memo could be helpful for you.
Translation:
What to do, if they come to you with a search warrant?
First of all, calm down.
If they come to you with a search warrant, it is very important to read the warrant that should specify the search grounds.
A search may be carried out in several cases Official ID
It is highly critical to keep sober and reasonable!
- If you are a suspect or an accused in a criminal case.
- If an employee has the status of a suspect or an accused in a criminal case.
- If you are a potential witness in a criminal case initiated against other persons.
A search may be carried out by an investigator personally, or, at his/her request, by an investigative agency representative, with mandatory participation of (at least two) witnesses. The first thing they should do is to introduce themselves and acquaint you with the search warrant.
