SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXXIII
CONFISCATION OF POSTAL, TELEGRAPH AND OTHER MESSAGES ; INTERCEPTION OF TELEPHONE CONVERSATIONS AND OTHER COMMUNICATIONS

Article 255. Messages which can be confiscated

255.0. The postal, telegraph and other messages which can be confiscated shall include :

255.0.1. all types of letter ;
255.0.2. telegrams,
255.0.3. radiograms ;
255.0.4. wrappings ;
255.0.5. presents ;
255.0.6. parcels ;
255.0.7. money orders.

Article 256. Grounds for confiscating postal, telegraph and other messages

256.1. Confiscation of postal, telegraph and other messages shall, as a rule, be decided by a court. Where there are sufficient grounds to presume that postal, telegraph and other messages sent or received by the suspect or accused may be of evidential value in the criminal case, the relevant court shall take a decision to confiscate the postal, telegraph and other messages on the basis of a reasoned application by the investigator and the relevant submissions by the prosecutor in charge of the procedural aspects of the investigation. Confiscation of postal, telegraph and other messages shall be carried out in accordance with Article 177.2-177.5 of this Code.

256.2. The decision concerning the confiscation of postal, telegraph and other messages shall include the following :

256.2.1. the date, time and place of the decision ;
256.2.2. the family name, first name, father’s name and title of the person who made the decision ;
256.2.3. the objective grounds and reasons for confiscating the postal, telegraph and other messages;
256.2.4. the family name, first name, father’s name and exact address of the person(s) whose postal, telegraph and other messages have been confiscated ;
256.2.5. the exact type(s) and location of the postal, telegraph and other messages which have been confiscated ;
256.2.6. the name of the communications administration required to hold the postal, telegraph and other messages ;
256.2.7. the period for which the postal, telegraph and other messages have been confiscated.

256.3. The confiscated postal, telegraph and other messages shall be examined and removed on the basis of the decision concerning their confiscation.

256.4. Confiscation of postal, telegraph and other messages shall be discontinued in the following cases :

256.4.1. by decision of the court which ordered the confiscation of the postal, telegraph and other messages, or of a higher court, overturning the confiscation decision ;
256.4.2. on the expiry of the period for which the postal, telegraph and other messages were confiscated ;
256.4.3. on the basis of a decision by the investigator that it is unnecessary to continue the confiscation of the postal, telegraph and other messages, or on the basis of a decision by a court or the prosecutor in charge of the procedural aspects of the investigation ruling that the confiscation decision is unlawful and overturning it.

Article 257. Rules governing the confiscation, examination and removal of postal, telegraph and other messages

257.1. The investigator shall send the decision to confiscate the postal, telegraph or other messages to the head of the relevant communications administration.

257.2. The head of the communications administration shall immediately confirm receipt of the decision to the investigator and shall hold the postal, telegraph or other messages specified in the relevant decision.

257.3. The investigator shall take the following measures in connection with the confiscation of the postal, telegraph and other messages :

257.3.1. on receiving conformation from the head of the communications administration that the postal, telegraph and other messages specified in the decision are being held, he shall visit the communications administration and examine the messages together with its employees ;
257.3.2. on the basis of the decision to confiscate the postal, telegraph and other messages, he shall inform the head of the communications administration of the part of the decision authorising their removal, shall require him to sign it and shall remove the relevant messages.

257.4. In the event of the discovery of documents and other items that may be of significance to the case among the postal, telegraph and other messages, the investigator may remove the relevant message or merely make a copy of it. Where there is no information of significance to the case, the investigator shall give instructions to send the message examined to the appropriate address or to keep it for a specified period.

257.5. The investigator shall have the right to use photography, video, film or other recording techniques during the confiscation, examination and removal of postal, telegraph and other messages.

Article 258. Record of the examination and removal of postal, telegraph and other messages

258.1. A record of the examination and removal of the postal, telegraph and other messages shall be drawn up, including the following information :

258.1.1. the date, time and place of the examination and removal ;
258.1.2. the investigator’s family name, first name, father’s name and title ;
258.1.3. the family name, first name and father’s name of the person conducting the examination and removal of the postal, telegraph and other messages, the year, month, day and place of his birth, his workplace or title, address and place of registration ;
258.1.4. the family names, first names and father’s names of other persons participating in the examination or removal (the head of the communications administration and, if necessary, other employees of that administration), the year, month, day and place of their birth, their workplace or title, address and place of registration ;
258.1.5. a note on the circumstances of the examination and removal, on which messages were examined and removed, on the messages to be sent to the addressee and those to be held temporarily, on the copies made of postal, telegraph and other messages, and on the technical devices used ;
258.1.6. any evidence revealed during the examination and removal of messages, in the order of its discovery.

258.2. The record of the examination and removal of the postal, telegraph and other messages shall be signed by all the participants in the investigative procedure, who shall have the right to require the inclusion of their observations in it. Where the record consists of several pages, the participants in the investigative procedure shall sign each page separately.

258.3. If, during the confiscation, examination and removal of the postal, telegraph and other messages, photography, video, film or other recording techniques are used, the relevant documents, photos, tapes or other information devices shall be attached to the record.

Article 259. Interception of conversations held by telephone and other devices, of information sent by communication media and other technical means, and of other information

259.1. Interception of conversations held by telephone and other devices and of information sent by communication media and other technical means shall as a rule be carried out on the basis of a court decision. Where there are sufficient grounds to suppose that information of significance to the criminal case is included among information sent or received by the suspect or the accused, the court shall, on the basis of a reasoned request by the investigator and appropriate submissions by the prosecutor in charge of the procedural aspects of the investigation, authorise the interception of conversations held by telephone or other devices, information sent by communication media or other technical means, or other information. Interception of such conversations and information shall be carried out in accordance with Article 177.2-177.5 of this Code.

259.2. Interception of conversations held by telephone and other devices or of information sent by communication media or other technical means shall not continue for longer than 6 (six) months.

259.3. Interception of information which comprises personal, family, state, commercial or professional secrets, including information about financial transactions, the situation of bank accounts and the payment of taxes, may be carried out only on the basis of a court decision.

259.4. The decision authorising the interception of conversations held by telephone and other devices, of information sent by communication media or other technical means, or of other information shall state the following :

259.4.1. the date, time and place of the decision ;
259.4.2. the family name, first name, father’s name and title of the person who made the decision ;
259.4.3. the objective grounds and reasons for intercepting the relevant conversations and
information ;
259.4.4. the family name, first name, father’s name and exact address of the person(s) whose information or conversations are to be intercepted ;
259.4.5. the exact type(s) of conversation or information to be intercepted ;
259.4.6. the name of the administration assigned the duty of intercepting the conversations or information ;
259.4.7. the period for which interception of the conversations and information is to be carried out.

259.5. Conversations held by telephone and other devices, information sent by communication media or by other technical means and other information shall be intercepted by those authorised to do so, on the basis of the relevant decision. The intercepted conversations and information shall be transcribed on paper or copied on magnetic devices, confirmed by the signature of the person who intercepted them and given to the investigator. A summary record of the interception of the conversations and information related to the case shall be drawn up and added to the case file. Intercepted information not related to the case shall be immediately destroyed.