Human rights protection in the case of performing a search

• Author: Nicolae Iancu
• Position: Candidate to PhD Lecturer Police Chief Inspector
• Pages: 130-134

HUMAN RIGHTS PROTECTION IN THE CASE OF PERFORMING A

SEARCH

Candidate to PhD Lecturer Police Chief Inspector

Nicolaie Iancu

AGORA University, Oradea

Abstract: The search is a complex activity which involves interference with the most

intimate details of private and family life, with the rights of ownership over immovable’s, over

lands.

When ordering a search, the requirements of necessity and proportionality to the purpose pursued,

as well as that of respect for human dignity, must be observed.

In order for this activity to be effective, the proper tactical methods of performing it, the

material means required, the amount of time necessary to carry it out, the participants must be

established, without losing sight of maintaining the activity, from beginning to end, within the limits

determined by the law.

Searches may be performed on a group of people, in which case measures for the

surveillance and prevention of violent acts are necessary, in the hypotheses of searching for

persons (either sequestered or trying to elude criminal proceedings), of searching for certain

objects (such as: searches in order to find narcotics, art objects, weapons and explosives, secret

writings). According to the provisions of article 100 of the Romanian Criminal Procedure Code, the

search may be: search of premises or body search.

Key words: search, human rights, investigation.

I. General Considerations. The search is a tactical activity carried out by judiciary bodies

in order to find and take away objects, documents or various valuables that are important to the case

under investigation, and also in order to find persons that are trying to elude criminal liability, when

the person who was asked to deliver those objects, documents or valuables denies their existence or

the fact of possessing them

1

.

According to article 100 of the Criminal Procedure Code, the search may be: search of

premises or body search. In the speciality literature, there are numerous classifications regarding

searches. These classifications are based on various criteria, among which:

a) according to the place of performance of the searches: body searches, searches of the

private premises, searches of the place of employment, searches of locations open to the public

2

;

b) according to the time of performance, they may be: daytime searches, nighttimes

searches;

c) according to the participating persons: searches in which only the bodies entitled to

pursue criminal procedure take part, searches in which other experts take part too;

d) according to the number of persons on which they are performed: searches performed on

just one person, searches performed on the private premises of several persons.

Other classifications make reference to the search of persons, which may be: that of clothing

and body search, search of the place, of buildings and open locations respectively. Regardless of its

type, the search is performed by applying the same tactical rules.

It must be carried out in accordance with the legal provisions, the bodies entitled to pursue

criminal procedure paying attention not to restrain the person’s rights and liberties more than

necessary, while still having an obligation to observe the rules of forensic tactics.

1

I. Mircea, in the work cited, p. 2 98; I. Sima and collaborators, Forensics Dictionary, The Scientific and Enc yclopaedic

Publishing House, Bucharest, 1984, p. 148.

2

C. Aioaniţoaie, I. B otoc, collectively, Forensic Tactics, M.I., S.E.C., Bucharest, 198 9, p. 175, I.Mircea, in the work

cited, p. 298; C. Aioaniţoaie, V. Bercheşan, I. Botoc, in Forensic Tactics Treatise, 2

nd

edition, revised and amended,

Publishing House Carpaţi, p. 208.