Article 51. Searches
Searches may be conducted only when there is an order in writing from the public prosecutor or the people’s court, except in necessary and urgent cases, but [in such necessary and urgent cases, the search] shall be reported to the public prosecutor within twenty-four hours after completing such search.

Before and after a search, the individuals involved in such search shall demonstrate their honesty [and] good faith towards the owner of the searched premises,73 the owner of vehicles or persons subject to the search.

Article 52. Building Searches
Buildings [refers to] houses or other [structures] on the land where such houses are located, boats, barges74 which are used by families as their residence, offices, guest-houses, hotels, and others.

Building searches shall be made in the presence of the head of village administration, the house owner, and at least two witnesses. In the event that there is a search of an office, an organisation, or an enterprise, it shall be conducted in the presence of a representative of such office, organisation, or enterprise.

A search of any place of worship or temple, which is one type of building search, such as a search of: temples, sima75, churches, and towers, shall have the participation of the head monk76, the head priest77, or the persons in charge or representatives of the concerned religious organisations.

72 Here, the reference is generic and is to either the forensic specialist or other expert.

73 “honesty [and] good faith” is the translation of a Lao compound word with both meanings. An

example of such demonstration of honesty and good faith is when the searcher allows the owner to check his bags in order to ascertain that he is not bringing any unauthorised thing into the house.

74 This is a translation of a specific Lao word referring to flat-bottomed unpowered vessels made

of bamboo that ply the waters.

75 This is a Buddhist term referring to the boundary or territory within which the monastic

sangha’s formal acts (such as recitation or settling of disputes) must be performed in order to be valid.

76 Literally “head of temple”.

Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

Building searches and searches of places of worship or temples shall be made during the day [at any time] from 6.00 a.m. to 6 p.m. When the search cannot be completed [by 6 p.m.], it shall continue until it is completed.

Material items and other documents can be seized as exhibits in a criminal case only if they are related to the offence or are things that contravene the laws.

Article 53.Search of Vehicles and Individuals
Search of vehicles such as: cars, boats or other vehicles which are suspected to conceal illegal objects or offenders, can be conducted at any time but must be in the presence of the owner of such vehicles.

The search of any person who is arrested, detained, or suspected of

concealing objects can be conducted without an order [for such search].

Officials conducting searches shall be individuals who are of the same gender as the individual being searched.

The search of a female shall be conducted at enclosed premises.

Article 54. Record of Search
When the search of a building, vehicle, or person has been completed, the officials who conducted such search shall make a record of the search on the spot and draw up a list of exhibits with details of their appearance, quantity, and quality.

The record of search must be made in three copies and read out to participants in the search [who shall] sign or affix their thumbprints as evidence [to certify their participation]. One record78 must be kept in the case file, one record shall be given to the owner of the house or representative of the relevant office, organisation or enterprise, and the other record is to be given to the village administration.

The record of search of vehicles or individuals shall also be made in three copies, one record to be kept in the case file, one record to be given to the owner of the vehicle or to the person searched and the other record to be kept by the officer.

Article 55. Seizure and Sequestration of Assets
In the event that the type, amount, and location of the place where materials relating to the offence are being kept are clearly known and [such

77 Literally “head of church”.

78 See explanation to Article 45. Here, there is no reference to an “original” or authentic copy,

presumably because this article has been drafted to reflect current practice where carbon copies are no longer used.