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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.

The order 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 biological samples. Experts believe that such actions of law enforcers violate human rights, Kommersant-Ukraine reports.

"Tacit investigative actions carried out in regard to a suspect or any other person can be conducted if they may result in obtaining data on the crime and the person who committed it," states the document.

As one of the authors of the Criminal Procedure Code Sviatoslav Oliynyk noted the tacit investigative actions (TIA) can be conducted regarding "unlimited number of people who are not suspects but according to investigators possess important information."

Operatives are allowed to conduct audio/video surveillance, view, extract or arrest correspondence. Moreover it allows control of calls, SMS, MMS, Internet correspondence, extraction of data from the computer without the owner's knowledge as well as tacit obtaining of "material samples in publicly inaccessible places for conducting a comparative analysis."

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

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

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

Retired police general deputy Hennadii Moskal (Batkivschyna faction) considers that TIA violates the constitutional rights of citizens. "The Constitution does not state that for the purposes of national security you can get into premises without a court decision and witnesses. The law on operative and search activities does not allow a search without witnesses. The CPC as a whole is not consistent with the current legislation, and all because it was written by theorists who were in a rush to write it up," said Moskal.


 
 
 
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