Forensics. Recording the progress and results of search and seizure (the most important)

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Forensics. Recording the progress and results of search and seizure (the most important)

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55. RECORDING THE PROCESS AND RESULTS OF THE SEARCH AND SEIZURE

At the final stage of the search, the following actions are carried out:

1) if necessary, a second search is carried out (if any unexamined premises remained during the initial search);

2) objects are selected for seizure;

3) a nodal survey of everything found during the search is carried out;

4) seized items are packed and sealed;

5) a search protocol and plans attached to it are drawn up;

6) a copy of the protocol against receipt is handed over to the person in whose premises the search was carried out, or to an adult member of his family.

If the search was carried out in the premises of an organization, then the protocol is handed over against receipt to a representative of the administration of this organization.

The search report must state:

1) in what place and under what circumstances objects, documents and valuables were found;

2) they were issued voluntarily or forcibly withdrawn.

All seized items, documents and valuables must be listed with an exact indication of their quantity, weight, individual features and, if possible, their value. If during the search attempts were made to destroy any objects, documents, valuables, then a corresponding entry is made in the protocol indicating the measures taken.

A protocol is drawn up on the conduct of a search and seizure, which is signed by the investigator, witnesses and other participants in this investigative action. The record must contain an indication of the explanation of the rights of the participants in the investigative action, reflect its progress and results. It is advisable to draw up a protocol after the completion of the search and seizure, and always at the place of their conduct. During the search, the investigator is advised to keep rough notes or use a voice recorder for the same purpose.

Photography is used to capture:

1) the general view of the searched object, its individual parts and individual features of the found items, when their detailed description in the protocol is difficult;

2) the places where the desired object was found, especially if it is a specially equipped hiding place;

3) items transferred for safekeeping;

4) signs important for the case;

5) corpses (of a person or animals) or their parts found during a search.

To record the actions carried out during the search (discovering and opening caches, indicating to the searched the place where the wanted objects are hidden, etc.), video recording and filming can be carried out.

Sound recording is carried out as a technical means that replaces rough notes during the search, which is especially important in cases where the search is conducted in conditions that make it difficult to keep records, and also when the searched person gives brief explanations that should be recorded as accurately as possible in the protocol. If the person being searched or replacing him expresses a desire to give detailed and lengthy explanations, the search is suspended for this time and an interrogation is carried out, during which sound recording can be used in accordance with the requirements of the criminal procedure legislation.

Authors: Aleinikov A.G., Salova E.E.

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