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.
Other forms of cooperation
Cooperation under procedures of national law
National procedures for execution of requests for other forms of cooperation
Identification and whereabouts of persons - national proceedings
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