SPECIAL PART
SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION
Chapter XXIX
EXAMINATION OF PLACES AND OBJECTS, EXHUMATION AND BODY SEARCH
Article 236. Examination of places and objects
236.1. The investigator shall examine the scene of the offence, buildings, documents, objects and human and animal corpses, with the aim of uncovering traces of the offence and other potential material evidence and determining the circumstances of the offence and other facts of significance to the case.
236.2. On discovery of an offence, except in circumstances where examination of the scene of the offence cannot be delayed, the examination shall be held in the daytime.
236.3. Where the examination takes place after the commencement of criminal proceedings and there is a suspect or accused, the suspect, the accused and/or any co-suspect or accused may participate in it. The investigator shall take steps in advance to guarantee the participation of co-offenders in the examination. Examination of the scene of the offence shall take place in the presence of at least 2 (two) witnesses.
236.4. The investigator shall conduct the examination of places or objects without violating any citizen’s rights. Where necessary, he shall measure the object, make plans, sketches or drawings of it, and, if possible, make a photographic, video or film record.
236.5. During the examination, the investigator shall, independently or with the assistance of a specialist, take prints and impound documents or any other objects which may be significant as evidence in future.
236.6. After completing the examination, the investigator shall draw up a record giving the following information :
236.6.1. the time, date and place of the examination ;
236.6.2. the investigator’s family name, first name, father’s name and title :
236.6.3. the family names, first names and father’s names of those participating in the examination as well as the year, month, day and place of their birth, their nationality, education, workplace, occupation or status, address and place of registration ;
236.6.4. information about the mutual relations of any circumstantial witness with the suspect, the accused or the victim (only in the event of participation of circumstantial witnesses in the examination of the scene of the offence) ;
236.6.5. a note to the effect that their rights, duties and responsibilities have been explained to each of the circumstantial witnesses (only in the event of participation of circumstantial witnesses in the examination of the scene of the offence) ;
236.6.6. a note about the circumstances of the examination, especially the use of photography, video, film or other recording techniques ;
236.6.7. the sequence followed in the observation procedure and all the evidence revealed during the examination.
236.7. The record shall be signed by all the participants in the examination, who shall have the right to require that their notes be included in the record, and by the investigator. If the record comprises several pages, each page shall be signed by all the participants in the examination.
236.8. If, during the examination, photography, video or other recording techniques are used, the relevant photos, tapes or other information devices shall be attached to the record.
236.9. Examination of residential, service or industrial buildings and objects found there shall be conducted where there are grounds and circumstances provided for in Article 243.3 of this Code, in accordance with the requirements of Articles 177.2-177.6 of this Code.
Other forms of cooperation
Cooperation under procedures of national law
National procedures for execution of requests for other forms of cooperation
Examination of places or sites - national proceedings
EDIT.