Investigator persuaded not to seize laptop and flash drives

Advocacy
15:00 Thu 14.09.23 171 Reviews
Print

Information obtained in the course of communication between an advocate and a client constitutes the attorney-client privilege. Therefore, in accordance with the provisions of the Criminal Procedure Code and the Law on the Bar and Practice of Law, the relevant media cannot be seized.

On 12 September, the Main Department of the National Police in Kyiv conducted a search in the office of a person who has the status of a lawyer. Bohdan Kushnir, a representative of the UNBA Committee on Protection of Advocates' Rights and Guarantees of Practice of Law, took part in the event.

During the event, the investigator found a laptop and ten flash drives, which were to be seized.

B. Kushnir noted that according to Article 161 of the CPC, the things and documents to which access is prohibited are correspondence or other forms of information exchange between the defence counsel and his client, as well as objects attached to such correspondence or other forms of information exchange. In addition, Article 23 of the Law «On the Bar and Practice of Law» expressly prohibits the inspection, disclosure, demand or seizure of documents related to the practice of law.

After hearing the arguments of the UNBA Committee's representative, the investigator abandoned his initial intentions and left the media in the possession of the person subject to the search.

«It is clear that lawyers (unlike law enforcement officers) cannot use physical force when it comes to performing their tasks. The only weapons we have are our minds and words, says B. Kushnir, - Therefore, we cannot resist by force, even in cases of obvious encroachments on the attorney-client privilege by law enforcement officers. However, we can find a common language and communicate the legal consequences of violating the guarantees of the legal profession. In this particular case, thanks to communication with the investigative team, we managed to reach an agreement to conduct a search without excessive formalism, on the principles of mutual respect and the rule of law».

As a reminder, the attorney-client privilege is any information that has become known to an attorney, an attorney's assistant, an attorney's trainee, a person in an employment relationship with an attorney, about a client, including the content of advice, consultations, explanations of an attorney, documents drawn up by an attorney, information stored on electronic media, and other documents and information obtained by an attorney in the course of his or her practice of law.

Interference by public officials with the activities of defence counsel is a crime punishable under Article 397 of the Criminal Code. One of the forms of interference is a violation of the guarantees of activity and professional secrecy established by law.

Popular news

The UNBA explained what could undermine the plan to introduce plea agreements

Legislation

The UNBA explained what could undermine the plan to introduce plea agreements

Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.

10:41 Tue 20.10.26 112
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Interaction

The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.

17:41 Mon 19.10.26 112
Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 188
A one-time payment or royalties? Students were briefed on changes to copyright agreements

Educational events

A one-time payment or royalties? Students were briefed on changes to copyright agreements

As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.

13:46 Fri 16.10.26 117
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Legislation

The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.

11:12 Fri 16.10.26 148
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 134
What should an advocate do if a client is under severe stress?

Educational events

What should an advocate do if a client is under severe stress?

An advocate may encounter a client in a state of acute stress, when the person is looking at the other person but does not see them. Before discussing the case, it is important to bring the client back to reality: establish contact, ask a few questions, and engage their senses.

18:12 Wed 14.10.26 108
Guarantees for advocacy without protective measures: proposed changes to the codes

Guarantees of the practice of law

Guarantees for advocacy without protective measures: proposed changes to the codes

The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.

19:41 Tue 13.10.26 190

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл