A search at the company’s headquarters can affect daily operations, access to documents and computer data, as well as relations with employees and partners. In the early hours, the company must cooperate with the judicial authorities, comply with the ordered measures, and maintain an accurate record of operations. Management should not obstruct the search or modify, conceal, or delete documents or data.

1. Appoint a representative and request the documents

At the headquarters of a legal entity, the search warrant is handed over to the company representative or, if he/she is absent, to an adult person present at the company headquarters or employed by the company. Check the identity of the judicial authorities and note the time of the start of the search. Request a copy of the warrant and read the place, period, and purpose indicated. If the warrant or other documents raise questions, formulate your objections calmly and request their recording in the process-verbal; do not try to prevent the execution of the measure.

According to Article 159 of the Criminal Procedure Code, a home search cannot normally begin before 6:00 a.m. or after 8:00 p.m. The law provides for exceptions, among others for flagrant crime and for premises open to the public at that time.

2. Request the presence of the lawyer

The person to whom the search is being conducted, including the representative of a legal entity, must be informed that a lawyer may participate. If the lawyer is requested, the start of the search is postponed until his/her arrival, but no more than two hours from the notification of the right. In exceptional cases where the search must be carried out urgently or the lawyer cannot be contacted, the judicial body may begin earlier. The law also allows for assistance or representation by a trusted person.

The company may designate an employee to monitor operations and keep a record of the rooms inspected, the goods lifted and the persons present. He/She must not make statements on behalf of other persons and must not interfere with the activities of the judicial authorities.

3. Track the items and documents picked up

The judicial authorities must, in principle, limit themselves to the seizure of the objects and documents related to the investigated act. The Code also provides for the seizure of objects whose possession or circulation is prohibited or that are suspected of being related to a crime pursued ex officio. Request that each item or document seized be described sufficiently precisely in the record and inventory, including the serial number, the support, the condition and the place from which it was taken, when these details can be recorded.

Do not sign a record without reading it. If the description does not correspond to what was observed or important details are missing, request its completion or record your objections before signing. Request a copy of the documents that may be handed over to you and keep it together with the list of items collected.

4. Protect data and business continuity

The computer search is carried out in accordance with Article 168 of the Code of Criminal Procedure by a specialist in the presence of the prosecutor or the investigative body. If the removal of an information system would seriously affect the person’s activity, the prosecutor may order the making of copies of the data. The company’s representative should identify, without deleting or modifying the data, the systems and the persons responsible for them and record the observed operations.

Inform the lawyer if the devices or documents contain communications covered by professional secrecy or data of third parties. Do not assume that mere mention of the confidential nature of the information stops the examination; request that the objection be recorded and discuss the applicable procedure promptly with the lawyer.

5. Specializing in the seizure of measures against the company

The removal of certain objects during the search is different from the precautionary seizure and the preventive measures that can be taken against a legal person. Article 493 of the Code of Criminal Procedure allows the judge, under the law, to order measures such as prohibiting certain property transactions, legal acts, or activities of a nature similar to those in connection with which the offense was committed. These measures are ordered by the competent judicial body and do not result automatically from the mere execution of the search.

The legal person may be held criminally liable for the crimes committed in the performance of its business activity or in its interest or on its behalf, under the conditions of Article 135 of the Criminal Code. The company’s liability does not exclude the criminal liability of the natural persons who contributed to the act.

6. After the conclusion of the search

  • Archive the mandate, the minutes, the inventory and any objections recorded.
  • Note down what activity was affected and what data or equipment was taken.
  • Instruct personnel to keep relevant documents and data and not to discuss the cause publicly.
  • Contact an attorney with experience in business criminal law to analyze the available legal documents and measures.

An irregularity does not, in itself, mean that all evidence is automatically excluded. Article 102 of the Code of Criminal Procedure regulates the exclusion of evidence obtained illegally and the nullity effect of the act by which the evidence was ordered, authorized, or administered. The evaluation depends on the specific irregularity, the documents in the case file, and the applicable procedure.

Legal texts

This material is informational in nature and does not replace the analysis of the concrete facts of the case by a lawyer.