Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
Section 4: The Initial Investigation 51-86
Chapter 4: Search 72-86

Article 72


A. The searching of any person or entry of any house or any business premises for the purposes of a search are not permitted other than in cases stipulated by law.


B. The search should be undertaken by the investigative judge, [judicial] investigator or a member of the police force by order of the judge, or anyone granted authority by the law.


Article 73


A. The searching of any person or entry of a house or other business premises for the purpose of a search is not permitted unless based on an order issued by the competent legal authority.


B. It is permitted to search any location without prior permission in the event of a request for assistance from a person inside the location, or in the case of fire, drowning or other similar case of necessity.


Article 74


If it appears to the investigative judge that a particular person is holding items or papers which would inform the investigation, he may issue a written order for the items to be submitted. If he believes that the order will not be obeyed or is worried that the items will be removed, he may conduct a search procedure in accordance with the paragraphs below.


Article 75
The investigative judge may order the searching of any person or house or any other place owned by the person accused or committing an offence if the search may reveal the presence of documents, weapons, tools or persons who have had a part in the offence or are held against their will.




Article 76


If it appears to the investigative judge, based on information or an indication, that a residence or other place is being used to keep stolen money, or that it contains items involved in an offence, a person who is being held against his will or a person who has committed an offence, he may order the search of that location and take legal measures in relation to the money or persons, whether or not the location is owned by the accused.


Article 77

The person undertaking the search may search any individual at the search site on the basis that such individual may be hiding something for which the search is being conducted.


Article 78


A search is not permissible except when looking for the items to which the search relates. If the search reveals the existence of another item indicating an offence in itself or which helps in the detection of another offence, it may be seized.


Article 79


The [judicial] investigator or crime scene officer may search the person arrested in cases in which the arrest is permitted by law. In the event of the deliberate commission of a felony or misdemeanour which has been witnessed, he may inspect the house of the accused, or any place in his possession, or seize persons, papers or items which inform the investigation if there is a strong indication of their presence.


Article 80


If a female is to be searched, the search must be conducted by a female appointed for the purpose, with the identity or the searcher being recorded in the record.


Article 81


The person to be searched, or whose property is to be searched, in accordance with the law, must allow the persons searching to perform their duty. If he prevents the search, the person undertaking the search must carry it out through the use of force or may request police assistance.


Article 82


The search should take place in the presence of the accused and the owner of the house or place of business, if appropriate, and in the presence of 2 witnesses, along with the mayor or his appointee. The person conducting the search is to prepare a record in which are recorded the procedures and time of the search along with the location, items seized with descriptions, names of those present in the location as well as a note of the accused and those connected with the case and the names of witnesses. This record should be signed by the accused, the owner of the place, the person who carries out the search and those present. Any refusal to sign should he noted in the record. The accused should be given a copy or the record on request, as may those connected to the case, and copies of letters or documents should he given to their owners, if that is not detrimental to the investigation.

Article 83


The person carrying out the search must place seals on all locations and items containing evidence needed for the investigation, which should be protected. It is not permissible to break this seal except by order of the investigative judge and in the presence of the accused and owner of the property and the person who checked the goods. If one of them is unable to attend or send a delegate, it is permissible to break the seal in his absence.


Article 84


A. If, amongst the articles in the location being searched, there are letters, documents or other personal items, it is not permissible for anyone to read them other than the person conducting the search, the investigative judge, the [judicial] investigator and a representative of the Public Prosecution.


B. If the items seized are papers which have been sealed in any way, it is not permissible for any person other than the investigative judge or the [judicial] investigator to open them and read them. This reading should take place in the presence of the accused and those connected with the location. If the papers have no connection with the case, they should be returned to the owner and not made public.