PART VI
RULES FOR EXECUTION OF CERTAIN ACTIONS OF CRIMINAL PROCEEDINGS
CHAPTER SEVENTEEN
EXAMINATION AND CRIMINAL EXPERIMENT
Article 126. Grounds for Executing an Examination
126.1. An inquiry officer or investigator shall execute an examination of a crime scene, items and
documents for purposes of establishing the circumstances of the crime, finding traces and physical evidence and clarifying the circumstances significant to the crime.
126.2. In situations not permitting delay an examination may be executed prior to initiation of a
criminal case.
Article 127. Rules for Executing an Examination
127.1. Examination shall be executed with presence of 2 third party witnesses.
127.2. If it is not possible for third party witnesses to be present, a examination shall be executed
without them and the process and results of the examination shall be documented with the use of technical equipment.
127.3. A procurator shall always be present during an examination of an extremely grave crime scene.
127.4. An accused, suspect, victim or witness may take part in an examination.
127.5. An expert without personal interest in a case may be invited to participate in an examination.
127.6. During an examination it shall be permitted to take measuring, photographs, make hand
drawing, audio and video recording, and take shapes and prints of tracks or traces.
127.7. Objects and documents newly discovered during an examination shall be specifically examined on the spot.
127.8. If an examination of articles or documents requires a longer period of time, or if there are other grounds, the examination shall be executed at the place of an inquiry or investigation.
127.9. An item considered necessary shall be seized without loss of initial characteristics.
127.10. An examination of articles sent by post or telegraphic correspondence shall be executed in conformity with the rules set in Article 136 of this Law.
Article 128. Examination of a Corpse
128.1. A forensic medical expert, or if not possible, a medical doctor shall participate in examination of a corpse.
128.2. If it is necessary to exhume a corpse from the place of burial, an inquiry officer or an investigator shall issue a decree specifying grounds to such effect and the decree shall be sanctioned by a procurator and the action shall take place in the presence of a forensic medical expert and third party witnesses.
Article 129. Examination on a Human Body
129.1. An examination on a body of an accused, suspect, witness, or victim may be executed in order to discover whether there are traces and specific features of a crime on their bodies and to document them.
129.2. An inquiry officer or investigator shall issue a decree to execute an examination on a body, which shall be binding upon the person concerned.
129.3. If necessary, a medical doctor may be involved in examining a human body.
129.4. If it becomes necessary to undress a person during examination on the person's body a third party witness of the same sex shall always be present.
129.5. During undressing an inquiry officer or investigator of opposite sex shall not be involved and in this case the examination shall take place in presence of another inquiry officer or investigator of the same sex, with the presence of a medical doctor and third party witnesses.
129.6. In executing an examination, it shall be prohibited to use methods degrading the dignity of the person being examined or dangerous to his/her health.
Article 130. Record of Examination
130.1. An inquiry officer or investigator shall produce a record of an examination in conformity with the rules set forth by Articles 146, and 154 of this Law.
130.2. The record shall describe every actions of an inquiry officer or the investigator, the process of an examination, items discovered, seized or sealed, weather condition, equipment and a seal used, and describe in detail and in sequence how evidence and items of significance for the case were stored and resolved and time of start and completion and time spent.
Article 131. Execution of an Experiment
131.1. Experiment can be executed if it is necessary for reproducing certain circumstances and events significant to a case.
131.2. Two third party witnesses shall be present during an experiment and if necessary a suspect,
accused, victim, witness or a specialist who does not have personal interest in the case may be allowed to participate.
131.3. Experiment shall be executed in conditions that do not discredit dignity and reputation of
persons, do not cause danger to his/her health and in documenting its process and results, actions such as measuring, taking photographs, making drawings and video recordings may be executed.
131.4. A record on execution of experiment shall be drawn up in conformity with provisions of Articles 146 and 156 of this Law and shall satisfy the requirements set forth in Article 130 of the Law.
Examination of places or sites - national proceedings
EDIT.