The search

§ 306. (1) A search is the examination of the clothing and body of the person subject to the search in order to find the means of proof, the thing to be confiscated or the property subject to confiscation. During the search, any items found at the person being searched may be inspected.

(2) A search may be ordered against the accused or a person who can reasonably be presumed to have a means of proof, confiscation or confiscation.

(3) The search shall be ordered by the public prosecutor's office or the investigating authority.

§ 307. (1) If the search is aimed at finding a specific thing, the person subject to the search shall be called upon to hand over the sought thing. If the prompt is fulfilled, the search cannot be continued.

(2) The search shall not be carried out in a disgraceful manner.

(3) Examination of body cavities may be performed only by a doctor and a health care worker may be present during the examination.

(4) An adult person nominated by the person subject to the search may be present at the search site, provided that his or her presence does not infringe the interests of the proceedings.

(5) Except in the case of intolerance to the delay, the search may be performed by a person of the same sex as the person subject to the search, and only a person of the same sex may be present during the search. The doctor performing the examination of the body cavities, the health care worker participating in the examination and the adult person indicated by the person being examined may be a person of a different sex from the person being examined.

(6) With the exception of the accused, a person who obstructs the search may be subject to a fine.

Ordering a reservation

§ 308. (1) The purpose of the seizure is to secure the means of proof or the confiscable thing or property subject to confiscation of property in order to carry out the criminal proceedings effectively. Seizure limits ownership over the subject of seizure.

(2) A seizure shall be ordered if it is the subject of a seizure

(a) a means of proof, or

(b) confiscated or confiscated.

(3) Movable property, account money, electronic money or electronic data may be seized.

§ 309. (1) Seizure shall be ordered by a court, prosecutor's office or investigative authority.

(2) The court shall order the seizure of a means of proof contained in a notarial or law firm's office which contains proprietary data related to the activities of a notary or a lawyer.

(3) Before the indictment, the prosecutor's office and then the court shall order it

a) postal items or other sealed items not yet delivered to the addressee,

(b) a communication or item not yet transmitted to the addressee in the course of an electronic communications service; or

(c) a means of proof held in the editorial office of a media content provider pursuant to the Act on Freedom of the Press and the Basic Rules of Media Content in connection with this activity

seizure.

(4) If the decision of a court or prosecutor's office necessary to order a seizure would cause a delay that would significantly jeopardize the purpose of the seizure, the prosecutor's office or the investigating authority may execute the seizure or prohibit the sending of the communication or consignment until the seizure authority decides. In such a case, the decision of the person entitled to order the seizure must be obtained immediately. If the person entitled to order the seizure does not order the seizure, the seized means of proof or consignment shall be returned to the person concerned or the prohibition on sending shall be lifted.

Section 310 (1) Cannot be seized

(a) a communication or consignment between the defendant and the lawyer; or

(b) a record of the defense counsel in the case.

2. Except as provided in paragraph 4, no seizure may take place

(a) a communication or consignment between the accused person and the person entitled to refuse to testify; or

(b) the means of proof in respect of which the testimony may be refused,

if it is kept by a person entitled to refuse to testify.

(3) With the exception specified in subsection (4), a document or electronic data related to this activity kept in the premises of a person entitled to refuse to testify on the basis of § 173 used for the exercise of his or her profession or public assignment may not be seized.

In the case provided for in paragraphs 2 and 3, the seizure may be ordered if:

(a) the offense was committed against the means of proof to be seized,

b) the object of the seizure is the instrument of a criminal offense,

(c) the means of proof to be seized bear traces of the offender,

d) the person entitled to refuse to testify has a reasonably suspected act, complicity, complicity, organization or money laundering in connection with the case,

(e) the person entitled to refuse to testify voluntarily provides or makes available the means of proof to be seized, following the warning provided for in paragraphs 2 and 3; or

f) the person entitled to refuse to testify under § 174 was ordered by the court to disclose the identity of the person who provided the information to him or her.

Execution of the reservation

Section 311 (1) The seizure

a) by possession,

(b) by other means of preservation,

(c) by leaving the person concerned in custody, or

d) in the case of electronic data, in the manner specified in Section 315 (1)

can be implemented.

2. Seizure may be effected by leaving the person concerned in custody or otherwise providing for custody if:

a) the thing is not suitable for possession,

(b) the interest of the holder or controller in the use of the thing or electronic data justifies it, or

(c) other important reasons so require.

(3) In the case specified in subsection (2), the seized thing or electronic data may be transferred to another possession only with the consent of the court, prosecutor's office or investigative authority ordering the seizure. In the case of consent, the new owner is obliged to keep the seized thing.

(4) The seizure of a thing covered by special protection specified in the Act on the Special Protection of Borrowed Cultural Property may be carried out after the expiry of the term of protection.

(5) The manner of execution of the seizure shall be specified in the decision on the order.

(6) During criminal proceedings, the justification for maintaining the seizure shall be examined in accordance with the provisions of law. If the seizure is no longer necessary for the purpose of the proceedings, immediate action shall be taken to terminate the seizure and release the seized thing, or a request for confiscation of the seized thing shall be proposed.

§ 312. (1) In order to carry out the seizure, the owner or manager of the thing or the electronic data shall be called upon to reveal the location of the requested thing or to make the electronic data available. If the request is refused, the object or electronic data sought must be searched or searched. The person concerned must be warned of this.

(2) Failure to comply with the summons shall result in a fine, except

a) the accused,

(b) the person entitled to refuse to testify; or

(c) a person who cannot be heard as a witness.

(3) With the exception of the accused, a person who obstructs the seizure may be subject to a fine.

Seizure of the document

§ 313. (1) The original document shall be seized if

(a) confiscable,

b) a document certifying the title to the property subject to confiscation or the right to dispose of it,

(c) it bears traces of a criminal offense,

(d) an unforeseeable or significant number of documents must be inspected; or

(e) it is essential for the success of the proof.

2. If the original document is not required in the course of the proceedings, a copy shall be made as soon as possible in view of the technical possibilities for ordering the seizure and the quantity of the document seized. In such a case, the seizure of the original document may last only until the copy is made, but for a maximum of two months.

(3) If this does not jeopardize the interests of the procedure, a certified copy of the seized original document shall be made to the holder upon request.

§ 314. (1) If, according to the holder of the document or his or her defense counsel or representative, the content of the testimony may be refused on the basis of § 172 and he or she does not consent to the knowledge of the document, the investigating authority shall release the document or the data carrier available to the prosecutor's office. In such a case, the investigating authority or a member of the prosecuting body conducting the prosecutorial investigation may not become acquainted with the content of the document.

(2) In the case of an investigation by the investigating authority, the public prosecutor's office or, in the case of an investigation by the public prosecutor's office, the superior public prosecutor's office shall decide on the seizure immediately after learning about the court. If the seizure is not ordered by the prosecution or the court, the document cannot be used as a means of evidence in either a pending case or other criminal proceedings.

Seizure and obligation to retain electronic data

§ 315. (1) Seizure of electronic data

a) by making a copy of the electronic data,

b) by transferring electronic data,

c) by making a copy of the entire contents of the information system or data carrier containing it,

(d) by seizing the information system or medium containing it, or

e) by other means specified by law

can be implemented.

2. The seizure of the electronic data used for payment may also be carried out by carrying out an operation with the electronic data which prevents the data subject from disposing of the value of the data expressed by the electronic data.

3. For the seizure of an existing document as electronic data, Articles 313 to 314 shall apply. § shall be applied accordingly.

4. The seizure of electronic data shall be carried out in such a way that it does not, as far as possible, cover electronic data which are not necessary for the purpose of criminal proceedings, or such electronic data are affected by the seizure for the shortest possible period of time.

Condition of the procedure

Section 819 (1) Proceedings for the deprivation of property are appropriate if

(a) no investigation has been initiated,

(b) the criminal proceedings have been terminated, or

(c) the criminal proceedings have been suspended because:

(ca) the offender is in an unknown place or abroad,

(cb) the offender is prevented from participating in the proceedings due to his or her long-term, serious illness or mental illness after the commission of the offense, or

cc) the identity of the perpetrator could not be established in the investigation,

and it is necessary to confiscate, confiscate property, make electronic data permanently inaccessible, or take the seized thing into state ownership.

Condition of the procedure

Section 819 (1) Proceedings for the deprivation of property are appropriate if

(a) no investigation has been initiated,

(b) the criminal proceedings have been terminated, or

(c) the criminal proceedings have been suspended because:

(ca) the offender is in an unknown place or abroad,

(cb) the offender is prevented from participating in the proceedings due to his or her long-term, serious illness or mental illness after the commission of the offense, or

cc) the identity of the perpetrator could not be established in the investigation,

and it is necessary to confiscate, confiscate property, make electronic data permanently inaccessible, or take the seized thing into state ownership.