CODE OF PENAL PROCEDURE OF CAPE VERDE
TITLE III -PREVENTIVE MEASURES, AND MEANS OF PROTECTING AND OBTAINING EVIDENCE
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CHAPTER III - INSPECTIONS AND SEARCHES
Article 234
Concepts and defining criteria
1. When there are signs that a person is concealing on his person items that relate to a crime or that may serve as evidence, an inspection shall be ordered.
2. When there are signs that the items referred to in the preceding article, or the accused or any other person who is to be detained, are situated in a private location or a location to which the public does not have free access, a search shall be ordered.
3. Inspections and searches shall be authorized or ordered by the competent judicial authority.
4. Inspections and searches conducted by police bodies concerned with criminal investigations shall be exempted from the requirement set forth in the preceding paragraph in the following cases:
(a) in the case of crimes connected with terrorism or criminal organizations, crimes punishable by a maximum penalty of more than eight years' imprisonment, crimes committed with violence or the threat of violence, or crimes whose suspects pose an imminent flight risk;
(b) if there is sound reason to believe that any delay may pose a serious and immediate danger to life, physical integrity, freedom, or the survival of the constitutional rule of law in Cape Verde.
5. In those cases cited in the second part of the preceding paragraph, the competent judge shall be notified immediately of the inspection or search so that he may assess it and confirm it, lest it be deemed invalid.
Article 235
Order to surrender items
1. If the object of the inspection or search is to obtain one or more specific items, the competent judicial authority may order that they be surrendered.
2. If the order is willingly and promptly complied with, the inspection or search shall not take place unless it is considered useful to advance the investigation.
Request for other forms of cooperation
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