Supreme Court of Ukraine's Decision on Detaining Individuals by Security Guards
The Supreme Court of Ukraine confirmed that store security guards can detain individuals suspected of theft without the obligation to explain their rights. This decision came as a result of reviewing a case where on May 1, 2019, a man committed theft of whiskey at an 'ATB-market' store in Kryvyi Rih. The actions of the accused were qualified as a completed attempt at theft, committed repeatedly, according to part 2 of article 15 and part 2 of article 185 of the Criminal Code of Ukraine.
The local court imposed a punishment of imprisonment, and the appellate court upheld the sentence. Subsequently, the Supreme Court of Cassation found the arguments regarding the illegality of the detention to be unfounded. According to part two of article 207 of the Criminal Procedure Code of Ukraine, everyone has the right to detain a person without a court order if they commit a criminal offense.
Impact of the Decision on Retail Security Practices
This Supreme Court decision underscores the legitimacy of security guards' actions when they detect suspicious behavior from store visitors, and it may have a significant impact on security practices in retail.
The Supreme Court's decision may change approaches to security in stores, as guards now have more rights to act in cases of suspected theft. This may influence the increase in consumer trust towards retail points, as they may feel safer. At the same time, it is important for security guards to adhere to ethics and legality while performing their duties to avoid potential abuses.