Timor-Leste

Código do Processo Penal de Timor-Leste

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER II
ON EVIDENCE

SECTION VII
INSPECTION OF A CRIME SCENE

Article 143
Object

Proof by means of inspection is intended for a direct perception of facts by the court or the authorities responsible for the investigation.

Article 144
Purpose of inspection

When deemed convenient, a court or a person conducting an investigation may, at his or her own discretion or at the request of the parties concerned, and with due regard, to the extent possible, for personal privacy, inspect items or persons in order to clarify any fact of relevance to the decision, and may, if deemed necessary, visit the crime scene or have the facts reconstructed.

Article 145
Intervention by the defendant or the aggrieved person

The defendant and the aggrieved person are notified of the date and time of the search and may, directly or through their counsels, provide the court with any clarifications it may need, or call the court’s attention to any facts deemed relevant to the settlement of the case.

Article 146
Intervention by experts

1. The court is allowed to be accompanied by a person qualified to explain the inspection and interpret the facts it intends to look at.

2. The expert shall be appointed in the decision ordering the inspection and shall attend the trial.

Article 147
Reporting an inspection

A report of the inspection containing all of the elements helpful in making an assessment and decision of the case is prepared, and pictures may be taken and attached thereto.

Article 148
Probative effect

The outcome of the inspection is assessed at the court’s discretion.

Keywords

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



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