FIRST PART

TITLE IV – EVIDENCE

CHAPTER III- MEANS OF SEARCHING FOR EVIDENCE

SECTION I- EXAMINATIONS

Article 198- Cases and types of examination

1. Examination of persons, places and items is ordered by the proceeding authority when it is necessary to discover traces and other material consequences of the criminal offence.

2. When the criminal offence has left no traces or material consequences or when those have destroyed, lost, altered or removed, the proceeding authority describes the situation and, when possible, verifies how it has been prior to changes and also takes steps to ascertain the way, time and grounds for changes that may have occurred.

3.The proceeding authority may order photographing, filming and any other technical act.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER III- MEANS OF SEARCHING FOR EVIDENCE

SECTION I- EXAMINATIONS

Article 201- Examination of places and items

1. Defendant or the one, who is in charge of the place where the examination will be performed or the item which will be examined, shall initially be given a copy of the order for performing the examination.

2. In case of examination of places, the proceeding authority may order, on reasonable grounds, that the persons present shall not leave before the conclusion of the examination and may use force to get back those who leave.

FIRST PART

TITLE IV – EVIDENCE

CHAPTER III- MEANS OF SEARCHING FOR EVIDENCE

SECTION II- SEARCHES

Article 202- Grounds for conducting searches

1. When there are reasonable grounds to think that someone hides in his body material evidence of the criminal offence or items belonging to the criminal offence, the court issues a decision for body search. When these items are located at certain place, search of the place or house is ordered.

2. The court which has issued the decision may act itself or order judicial police officers to conduct the search, stipulated in the search order.

3. In case of flagrant arrest or chasing of a person fleeing, which does not allow the obtaining of a search order, judicial police officers conduct a search of the person or place, complying with the rules prescribed under article 299.

Article 203- Request to hand in

1. When a certain item is sought, the proceeding authority may request its handing in. If the item is handed in, the search is not conducted, except when it is judged necessary.

2. In order to specify the items that may be seized or to verify certain circumstances, necessary for the investigation, the proceeding authority or its authorised judicial police officers may search bank operations, documents and correspondence.

Article 204- Body search

1. Prior to conducting a body search, the one who will be searched, is handed over a copy of the search order, informing him of his right to request the presence of a reliable person, provided that can be found immediately and is suitable.

2. The search is conducted in compliance with the dignity and safety of the one being searched.
Article 205- Search of premises.

1. Defendant, when present and the one who is in charge of the place, is handed over a copy of the search order, informing them of the right to request the presence of a reliable person.

2. When the persons stipulated in paragraph 1 are absent, a copy of the order is handed over to a relative, neighbour or to a person who works with him.

3. The proceeding authority may search the persons present when it judges that they may conceal material evidence or items belonging to the criminal offence. It may order that persons present may not leave prior to conclusion of the search and may use force to get back those who leave.

Article 206- Time of house search
1. A house search or a search of a closed place attached to it may not commence before seven o’clock and after twenty o’clock. In urgent cases, the proceeding authority may order in writing that the search be conducted beyond these restrictions.

Article 207- Seizure during search
1. Items found during search may be seized in compliance with the provisions on seizures.