Part One
GENERAL PART
Chapter VII
EVIDENCE
2. Evidentiary Actions
e) Obtaining Samples
Obtaining Biometric Samples
Article 140
With the aim of establishing facts in the proceedings, impressions of papillary lines and body parts, buccal (cheek) swabs and personal data may be taken, a personal description made, and a photograph taken (forensic registration of the suspect) of a suspect even without his consent
When necessary for the purpose of establishing identity or in other cases of interest to the successful conduct of proceedings, the court may allow a suspect’s photograph to be made public.
In order to eliminate suspicion about being connected with a criminal offence, impressions of papillary lines and body parts and mouth swabs may be taken from an injured party or other person found at a crime scene even without their consent.
The action referred to in paragraphs 1 and 3 of this Article is performed by a professional acting under an order of the public prosecutor or the court.
Obtaining Samples of Biological Origin
Article 141
The obtaining of samples of biological origin and performance of other medical actions which are under the rules of the medical profession required for the purpose of analysing and establishing facts in proceedings may be conducted even without the consent of the defendant, except if it would cause harm to his health in some way.
If it is necessary to establish the existence of a trace or consequence of a criminal offence on another person, the obtaining of samples of biological origin and performance of other medical actions in accordance with paragraph 1 of this Article may be conducted even without the consent of the person, except if it would cause harm to his health in some way.
A voice or handwriting sample may be taken from a defendant, injured party, witness or other person for the purpose of establishing facts in proceedings for the purpose of making comparisons.
The actions referred to in paragraphs 1 and 2 of this Article are performed by a healthcare professional, acting on an order of the public prosecutor or the court.
The person referred to in paragraph 3 of this Article who without a lawful reason (Article 68 paragraph 1 item 2), Article 93, Article 94 paragraph 1 and Article 95 paragraph 2) refuses to provide a voice or handwriting sample may be fined by the court by a fine of up to 150,000 dinars.
An appeal against the ruling pronouncing a fine is decided on by the panel. An appeal does not stay execution of the ruling.
Obtaining Samples for Forensic-Genetic Analysis
Article 142
If necessary for detecting the perpetrator of a criminal offence or establishing other facts in the proceedings, the public prosecutor or the court may order the taking of samples for forensic-genetic analysis :
1) from the crime scene or other location where traces of the criminal offence are located ;
2) from the defendant and injured party, under the conditions stipulated in Article 141 paragraph 2 of this Code ;
3) from other persons if there is one or more characteristics that bring them in connection with the criminal offence.
In a decision pronouncing a custodial criminal sanction, a first-instance court may ex officio order a sample for forensic-genetic analysis to be taken from :
1) a defendant sentenced to a term of imprisonment of more than year in connection with an intentional criminal offence ;
2) a defendant found guilty of an intentional criminal offence against sexual freedom ;
3) a person on whom has been imposed a security measure of compulsory psychiatric treatment.
The keeping of records on the obtained samples, their safekeeping and destruction is regulated by the act referred to in Article 279 of this Code.
Other forms of cooperation
Taking of evidence - national proceedings
EDIT.