SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXX
IDENTIFICATION OF PERSONS AND OBJECTS

Article 239. Identification of a person

239.1. Where any person is to be presented for identification purposes to a witness, victim, suspect or accused, the investigator shall first question the person making the identification about the appearance and features of the person to be identified and the circumstances in which the former saw the latter and an appropriate record of the interview shall be drawn up.

239.2. The investigator shall take steps in advance to guarantee the presence of counsel for the suspect or accused at an identification parade concerning the latter.

239.3. On the investigator’s instructions or with his permission, photo, video, film and other recording techniques may be used during the identification parade.

239.4. If the person making the identification is a witness or the victim, he shall first be warned of the criminal responsibility incurred for refusing to testify, evading questioning or giving false testimony intentionally. He shall also be informed of his right not to testify against himself or his close relatives.

239.5. The person to be identified shall be presented to the identifying person together with at least 3 (three) other people of the same sex who do not differ greatly in their appearance and clothing from the person to be identified.

239.6. Before the start of the identification parade, the investigator shall ask the person to be identified to take position wherever he wishes in the row of persons on parade.

239.7. At the request of the identifying person, the identification process may be carried out in such a way that the person making the identification is not seen by those taking part in the identification parade.

239.8. If the identifying person is uncertain that he can recognise the person to be identified, the identification parade may not be conducted and any identification made shall not be considered valid. The same person shall not be asked again to identify the person concerned on the basis of the same features.

239.9. If necessary the identification procedure may be conducted using photographs of people who do not differ greatly from each other in their appearance and clothing.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXII
SUSPENSION AND DISCONTINUATION OF CRIMINAL PROCEEDINGS

Article 278. Search for the accused

278.1. A warrant to search for the accused may be issued by the investigator concurrently with the conduct of the investigation or with a suspension of the criminal proceedings.

278.2. If the location of the accused is unknown, or if the accused has gone into hiding, the investigator shall issue a search warrant to the relevant preliminary investigating authority.

278.3. The search for the accused shall consist in taking steps to determine his whereabouts, apprehend him and place him at the disposal of the prosecuting authority.

278.4. The following measures may be applied to an accused who has been traced and detained in accordance with the provisions of this Code :

278.4.1. the court exercising judicial supervision may choose arrest or an alternative restrictive measure, or alter that decision ;
278.4.2. the investigator in charge of the case may choose a restrictive measure other than arrest or the alternatives to it, or alter that decision.