Search and seizure - national proceedings

State of Palestine

Palestine - Criminal Procedure Code 2001 EN

Article (46)
If the member of the Public Prosecution requires the disclosure of any document or object related to the investigation and the person in possession of such document or object refuses to furnish same without an acceptable excuse, he may order the necessary search-and-seize operation to be conducted.

Article (50)

1. Only objects connected to the crime in respect of which the search is conducted may be searched. However, if during the search objects whose very possession is deemed a crime or which serve to reveal the truth in another crime come to light, they may be seized by the judicial officer.

2. All objects related to the crime which are found during the search are seized, inventoried and sealed. They are evidenced in the minutes and remitted to the competent authorities.

3. Documents that are sealed or closed in any other way found in the house being searched may not be opened by the judicial officer.

4. Minutes of the search are transcribed by the officer in charge of the search, citing the objects seized and the location in which they were found, and signed by those present during the search procedures.

Article (72)

1. The objects seized are placed in sealed containers on which the particulars of the contents are inscribed. The containers are placed in the warehouse of the Prosecution or in any place it designates.

2. If the object seized is perishable and the expenses of preserving it exceed its value, the Public Prosecution or the court may order it sold at public auction if the requirements of the investigation so permit. The proceeds of the sale are placed in the court registry and the person entitled to the proceeds may claim the sale price within one year from the date the action is terminated, otherwise it shall devolve to the State without necessity for a judgment ordering same.

Article (73)

1. Seized objects may be restituted, even before rendition of judgment, at the request of the person in whose possession they were found at the time they were seized, unless their retention is necessary for the judicial examination or they are subject to mandatory confiscation.

2. If the seized objects are those against which the crime was committed, or if they were obtained as a result of its commission, they shall be restituted to the person who was deprived of their possession by the crime, unless the person in whose possession they were found at the time they were seized is entitled by law to retain them.

Article (74)
The restitution order is issued by the Public Prosecution. The court may order restitution pendente lite.

Article (75)
The order to retain papers or the judgment rendered on the case must provide for the manner of disposition of the seized objects.

Article (76)
The parties may, when a dispute arises in connection with the seized objects, resort to the competent civil court.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;