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 New Criminal Procedure Code: Law Enforcers Allowed "Tacit Penetration" into People’s Property

With the entry into force of the new Criminal Procedure Code law enforcement agencies obtained the right for tacit investigations against any citizen.

Theorder was approved by a special instruction. Among other things,the document regulates penetration of operatives into premises,removal of data from the personal computer and taking biologicalsamples. Experts believe that such actions of law enforcers violatehuman rights, Kommersant-Ukraine reports.

"Tacit investigative actions carried out inregard to a suspect or any other person can be conducted if theymay result in obtaining data on the crime and the person whocommitted it," states the document.

As one of the authors of the Criminal ProcedureCode Sviatoslav Oliynyk noted the tacit investigative actions (TIA)can be conducted regarding "unlimited number of people who are notsuspects but according to investigators possess importantinformation."

Operatives are allowed to conduct audio/videosurveillance, view, extract or arrest correspondence. Moreover itallows control of calls, SMS, MMS, Internet correspondence,extraction of data from the computer without the owner's knowledgeas well as tacit obtaining of "material samples in publiclyinaccessible places for conducting a comparativeanalysis."

The instruction authorizes law enforcementofficers to conduct surveillance in publicly accessible areas"without the knowledge of the persons present" and examine premisesor other property of citizens.

"This is not a search but a tacit penetration,"said Mr. Oliynyk. "Search, as before, will be in accordance with acourt order and in the presence of witnesses." The instruction isconcluded by an item on respecting the rights of citizens. It saysthat the persons whow were subjected to TIA should be informedabout this in a year after their completion.

"This is an innovation of the CPC. Citizens canchallenge even a tacit investigation in court, if it caused themany harm," explained Sviatoslav Oliynyk. "TIA is legitimate,because it is due to security measures. For the state to performits function of countering crime, we shall have the tools."

Retired police general deputy Hennadii Moskal(Batkivschyna faction) considers that TIA violates theconstitutional rights of citizens. "The Constitution does not statethat for the purposes of national security you can get intopremises without a court decision and witnesses. The law onoperative and search activities does not allow a search withoutwitnesses. The CPC as a whole is not consistent with the currentlegislation, and all because it was written by theorists who werein a rush to write it up," said Moskal.


Источник: https://en.censor.net.ua/n227021
 
 
 
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