Examination of places or sites - national proceedings

Russian Federation

Criminal Procedural Code of the Russian Federation

Part Two. Pre-Trial Proceedings

Section VIII. Preliminary Inquisition

Chapter 24. Examination. Inspection. Investigative Experiment

Article 176. Grounds for an Examination

1. Examination of the place of accident, locality, place of dwelling, other premises, of the objects and the documents shall be aimed at revealing the traces of the crime and at elucidating other circumstances of importance for the criminal case.

2. In cases precluding a delay, an examination of the scene of the event may be performed before the institution of the criminal case.

Article 177. Procedure for an Examination

1. An examination shall be carried out with the participation of attesting witnesses, with the exception of the cases indicated in the third part of Article 170 of the present Code.

2. An examination of the traces of crimes and of the other exposed objects shall be performed at the place of performance of the investigative action, with the exception of the cases pointed out in the third part of this Article.

3. If for carrying out such an examination a long time is required, or if the examination on the scene is difficult, the objects shall be seized, packed, sealed and certified with the signatures of the investigator and of the attesting witnesses at the place of examination. Subject to the seizure shall be only those objects that may have a bearing on the criminal case. In the protocol of the examination shall be supplied, if possible, the individual characteristics and the specific features of the seized objects.

4. All the objects, exposed and seized during an examination, shall be presented to the attesting witnesses and to the other participants in the examination.

5. An examination of the living quarters shall be carried out only with the consent of the persons residing there, or on the ground of a court decision. If the persons, residing there, object to the examination, the investigator shall file a petition for the performance of an examination with the court in conformity with Article 165 of the present Code.

6. An examination of the living quarters shall be made in the presence of a representative of the administration of the corresponding organization. If it is impossible to make certain his participation in the examination, into the protocol shall be made an entry to this effect .

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:

(g) The examination of places or sites, including the exhumation and examination of grave sites;