SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 29. EXAMINATION, EXHUMATION, OBSERVATION

Article 217. Examination

The investigator conducts examination of the locale, premises, material objects, animals, human or animal corpses in order to discover the traces of a crime, other material objects which can be a source of proof, the circumstances of the crime significant for the case and other considerations.

Article 218. Procedure of examination

As a rule the examination is conducted in the daytime in the presence of witnesses of the examination.
The investigator examines visible objects and when necessary, makes the examination of the objects accessible, if this does not breach the rights of citizens. When necessary, the investigator conducts measurement of the examined place and separate objects, puts together plans, drawings and schemes, and when necessary, takes photographs, videofilming, filming which is mentioned in the protocol to which the mentioned documents are attached.
During examination the investigator, himself or with assistance of an expert, takes traces, objects, documents, as well as other items which can be of probative value for the case later.
The investigator is entitled to involve into the examination the accused, the suspect, the lawyer, the injured and the witness.
When the examination is over, a protocol is written which indicates everything that was discovered and in the sequence in which the investigative actions were conducted when the discovered objects were observed.
The protocol is signed by the investigator and all participants of investigative actions who are entitled to incorporate their comments into the protocol.

Article 219. Exhumation

When necessary to exhume a corpse, the investigator takes a decision to that effect. Exhumation is done with the participation of the investigator and forensic medicine specialist, and when necessary, other specialists. The presence of witnesses to the exhumation is mandatory.
After exhumation the corpse can be brought to the appropriate medical institution for other examinations.
The investigator writes a protocol on the results of the exhumation. The protocol is signed by all participants of this investigatory action, who are entitled to demand to include their comments into the protocol.