A search is one of many ways to obtain evidence in legal proceedings, most often when a crime is suspected. A search of a company may be conducted by authorities such as the police, prosecutors, or other authorized institutions.
Law enforcement actions should be based on legal provisions, and businesses should not consent to actions that violate them. Therefore, it is crucial that both businesses and employees are aware of their rights and obligations in such situations.
A few words about the search
A search of a business may be conducted for the purpose of detecting, detaining, or forcibly bringing in a suspect, as well as to find items that may constitute evidence. A search of a business should be conducted pursuant to a court or prosecutor's order. In urgent cases, if a court or prosecutor's order cannot be issued, the body conducting the search shall produce a warrant from the head of its unit or an official identification card and then immediately request the court or prosecutor's approval of the search.
A search may be carried out by a prosecutor or the police upon order of a court or prosecutor, and in cases specified in the law – also by another body.
Obligations of the entrepreneur in the event of a search
During a search, a business owner's obligations include cooperating with law enforcement authorities. However, this cooperation does not mean disclosing information that could be incriminating. Maintaining a balance between the obligation to cooperate and protecting the company's interests and one's rights as an entrepreneur is crucial.
Furthermore, the entrepreneur should provide law enforcement authorities with access to the required documents and relevant company premises, subject to the principle of proportionality – a search cannot cover the entire company premises unless justified. If the company conducts various activities, these activities should be limited to those areas directly related to the ongoing investigation and the subject of the alleged crime.
Please note that you cannot effectively oppose a search in a company if it is carried out by authorized entities, and if the legality or correctness of the search is questioned, it is possible to subject this activity to judicial review.
The rights of an entrepreneur during a company search
During a search of a company, the entrepreneur has the right to:
- obtaining information about the purpose, scope and basis of the search,
- verification of the compliance of the search with the scope of the court or prosecutor’s order,
- presence during the search,
- indication of persons authorized to take part in the search, if this does not prevent the search or does not significantly hinder it,
- refusal to testify,
- indication of which documents are covered by professional secrecy or other legally protected confidentiality (in such a case, the body carrying out the activity shall immediately forward the letter or other document without reading it to the prosecutor or the court in a sealed package),
- review the search report and report any objections to the course of the search and the report itself,
- receiving a receipt stating what items were seized and by whom,
- filing a complaint against the actions of officers in the event of a search conducted illegally,
- in urgent cases, if the body carried out a search without a court or prosecutor's order, it is possible to request the service of a court or prosecutor's order approving the search.
Summary
A search is an emergency situation in which a business owner should act prudently – cooperating with law enforcement while simultaneously upholding their rights. A search should be conducted in accordance with the purpose of the activity, with moderation and within the limits necessary to achieve its purpose, with due diligence, respecting the privacy and dignity of the individuals involved, and without causing unnecessary harm or distress. However, a search, as a coercive measure, can interfere with the ongoing operation of the business. From the business owner's perspective, it is crucial to remain calm, know one's rights, and – if in doubt – seek legal advice.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 5, 2025
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