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The search of private premises cannot be an act of robbery!

2025-12-16 12:44:07Pikëpamje SHKRUAR NGA YLLI MANJANI
The search of private premises cannot be an act of robbery!
Star Manjani

There is a huge misunderstanding, a spectacular abuse of the right that the law gives the prosecution to conduct searches in private spaces, of course under the authorization of the court.

Now, so as not to bore you with explaining what not to do, I'm briefly explaining how to conduct an inspection of a private home or office.

1. First, the court that authorizes the search must clearly and explicitly define where the search is permitted, within which proceeding, and what specifically it intends to secure from the search. The court is the guarantor of privacy in this case, not the notary of the prosecutor's office!

It should be kept in mind that the search of private property is an extreme measure and is only permitted when it has been impossible to obtain evidence by other means.

2. Those who go to the location to conduct the search, which is permitted from 07:00 to 20:00, inform the person whose space holds something needed for the investigation exactly what they want to obtain from the search and invite the person to hand over the item or document themselves.

3. The procedure ends when the person submits what is requested. So the court allows the possibility of inspection, but does not give permission to necessarily carry it out when it is not necessary.

4. Only if the person refuses or does not cooperate, is forced entry into the environment permitted to conduct a search, always focused on what is required.

5. There can be no unfocused controls, i.e. of the "take whatever you think is reasonable" type, as unfortunately happens with court decisions!!!

6. Even in cases of emergency, that is, when the work does not wait for court permission, the prosecutor follows the same line, the same standard.

This is the standard.

Compare this standard with those cases you have heard of and perhaps you will understand how great the abuse of the right to control is.

Imagine, they come to your home or private office. They say they want to check, without saying anything. They threaten to throw down the bars. They enter like vandals and take whatever loot they see.

Pure robbers!

No different from robbers, although even the latter know exactly what they are already searching through apartments....
Then they publish the inventory in the media. And here you are directly convicted without a trial, by public ridicule.

And so on, next, go and seek the right to privacy from the courts that stand like a shell in the face of such violent acts.

Anyone who defends this abuse is in collusion with the robber.


Në përputhje me standarded JTI

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