Examination of places or sites - national proceedings

Islamic Republic of Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Section 2 Criminal Case

Chapter 3 Crime Detection, Arrest of the Accused Person and Collecting Evidence

Obligation of Assigned Person in Detecting Crime:

Article 80:

(1) Detection of a crime, according to circumstances, shall take place by the police and national security operative.

(2) The police and national security operative after receiving notification about a crime or noticing the signs and traces of a crime shall go to the crime scene observing other conditions contained in this law and carry out the following activities:

1– Observing the crime scene and photographing and identifying the circumstances and conditions that reveals the occurrence of the incident.

2– Identifying the type of crime, perpetrator and victim.

3– Arresting and searching the suspect, if necessary.

4– Identifying evidence, proofs, traces and signs related to the crime, perpetrator and its consequences.

5– Identifying the individuals who were present in the crime scene at the time of occurrence of the crime and recording the statements of suspect, victim, and crime scene witnesses.

6– Taking necessary measures for safeguarding traces and seizure of items relevant to the crime.

7– Preparing registry, examining crime scene and conducting other relevant proceedings.

(3) Police and national security operative are obligated to notify the relevant prosecutor within 24 hours after the detection of the crime.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Inspection of Legal Persons’ Buildings

Article 136:

Police, National Directorate of Security officer and prosecutor are obligated to inspect the buildings of legal persons in accordance with the provisions of this law in the presence of its legal representative.

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;