PRE-TRIAL CONDUCT OF THE PROSECUTION
IDENTIFICATION OF PERSONS AND OBJECTS
Article 240. Identification of objects
240.1. Where it is necessary to present any object for identification, the investigator shall first question the person who is to identify the object about its characteristics and the circumstances in which he saw it, and shall draw up a record of this interview.
240.2. Counsel for the suspect or the accused shall be entitled to participate in the identification of the object. If counsel for the defence, whom the investigator has informed in advance of the performance of this investigative procedure, expresses a wish to participate in the identification of the object, the investigator shall guarantee this right.
240.3. On the investigator’s instructions or with his permission, photography, video, film or other recording techniques may be used during the identification of the object.
240.4. If the identifying person is a witness or the victim, he shall first be warned of the criminal responsibility incurred for refusing to testify, evading questioning or giving false testimony intentionally. He shall also be informed of the right not to testify against himself or his close relatives.
240.5. The object to be identified shall be presented to the identifying person among other objects of the same kind. The identifying person shall be asked to indicate the object which he recognises and to state the reasons for his choice.
240.6. Identification of a corpse, parts thereof or objects of which it is impossible or difficult to find the equivalent shall be conducted on the basis of a single reproduction presented to the identifying person.
240.7. If the person identifying a corpse has seen the person concerned alive, the use of cosmetics shall be allowed on the corpse. When an object is being identified it shall be permissible to clean dirt, rust and other deposits from it.
Article 241. Record of the identification
241.1. After the identification the investigator shall draw up a record including the following :
241.1.1. the place, date and time of the identification ;
241.1.2. the investigator’s family name, first name, father’s name and title ;
241.1.3. the family names, first names and father’s names of those participating in the identification, the year, month, day and place of their birth, their nationality, education, workplace, occupation or status, address and place of registration ;
241.1.4. a note that persons participating in the identification have been informed of their rights, duties and responsibilities ;
241.1.5. a note about the circumstances of the identification, including use of photography, video, film and other recording techniques ;
241.1.6. the sequence followed in the observation procedure and all the evidence discovered, including a description of the objects presented for identification and their identifying features.
241.2. The identification record shall be signed by all the participants in the investigative procedure, who shall have the right to require the inclusion of their notes in it. If the record comprises several pages, the participants shall sign each page.
241.3. If, during the identification, photography, video, film or other recording techniques are used, the documents, photos, tapes or other information devices shall be attached to the record.
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: