Criminal and legal risks of the company
Protection of the company during police checks
The police can come to any company without any warning and carry out an inspection, examination and seizure of documents, computer equipment and storage devices. Are such actions legal or not?
1. Any police check may be performed only on the basis of a court decision and only within the scope of the inspection
2. The inspection of premises is carried out within pre-investigation inspection
3. During the inspection, the police cannot open doors, strongboxes, drawer units, but can seize flash drives, computers and/or other storage media. You can ask to copy documents and information from electronic media, thus copying should be made by a person specially appointed by policemen.
4. Police officers are obliged to draw up a protocol and a list of seized documents
5. A personal search of company employees is possible only on the basis of a court decision
6. During a police inspection employees can leave the premises and pick up their personal belongings
What is the difference between search and inspection?
1. A search is performed within an investigation according to already initiated criminal case
2. A search requires the presence of at least 2 witnesses
3. During a search the police have the right to open any premises, strongboxes, closed boxes, wardrobes, etc.
4. The protocol should reflect everything that happens during the search, including the list of seized items, statements, comments. The original of the protocol should be signed only after you receive its copy
5. A personal search of company employees is possible during the search
6. During the search the police have the right to forbid the employees to leave the premises, communicate on the phone and with each other.
What are the actions of the employees during the inspection or search?
1. To call a lawyer or attorney
2. To require the police service certificate
3. To require the decision of the investigator or court for the search, seizure, or a special order for inspection
4. It is possible to rewrite the decree/order before signing the relevant documents of acquaintance. The police officers are required to acquaint you, but not obliged to provide you with copies and allow to take photos
5. If the police officers violate the law, you can record their actions on the camera. It is legal. Do not perform any illegal requirements.
6. Do not interfere with the actions of police officers, it may be considered as a legal basis for conviction of an administrative or criminal offence
Preparations and arrangements
1. It is better to keep important documents separately and use the cloud to store their copies
2. It is better to have an additional storage media (hard disks, drives) as during the seizure of computers the information can be copied to such devices
3. Enter the nondisclosure regime in the company, provide technical conditions for storage of documents and draw the business secrecy crypto on the tangible media. Such documents can be seized by the police only on the basis of a court decision.
4. Provide the employees with briefing on necessary actions during police searches and investigations.
How can we help you?
FjM attorneys perform a comprehensive assessment of the criminal risks of the company and business in general, assess conflicts and various disputes, including tax and commercial disputes, represent the interests of suspected persons and defendants, carry out expert assessments of the lawfulness and validity of actions of law enforcement and supervisory agencies, represent clients in all instances.