Examination of places or sites - national proceedings


Criminal Procedure Code

Part I

Chapter VII

5. Site inspection and reconstruction

Site inspection
Article 123
The site inspection is conducted by the authority in charge of the proceedings when direct observation is needed in order to determine or clarify a fact that is important for criminal proceedings.
Article 124
(1) In order to check the presented evidence or establish facts of importance for the clarification of a matter, the authority in charge of the proceedings may order a reconstruction of the events, which shall be conducted by recreating activities or situations under the circumstances in which, on the basis of the evidence taken, the event has occurred. If activities or situations are presented differently in testimonies of individual witnesses or defendants, the reconstruction of the event shall as a rule be carried out with each of them separately.
(2) The activity referred to in paragraph 1 of the present Article may be carried out completely or partly through computer generated simulations.
(3) The reconstruction must not be carried out in such a way that would violate the public order, offend public morals or endanger the lives or health of people.
(4) If necessary, some evidence may be presented again during the reconstruction.
Participation of specialists and expert witnesses in site inspections and
Article 125
(1) The authority in charge of the investigation or reconstruction may request the assistance of a specialist on criminal offense technology, traffic or other field of expertise, who will, if necessary, find, protect or describe traces, make the necessary measurements and recordings, draw sketches or gather other information.
(2) An expert witness may also be invited to a site inspection or reconstruction if his presence would be useful for his findings and opinion.

Part One

Chapter VII

2. Evidentiary Actions

g) Examination

Examination of a Location
Article 136

The examination of a location is performed at a crime scene or other location where the objects or traces of a criminal offence are located.

The authority conducting proceedings may take into custody a person found at the location of the examination under the conditions stipulated in Article 290 of this Code.

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;