Identification and whereabouts of persons - national proceedings

The former Yugoslav Republic of Macedonia

Code of Criminal Procedure

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER II
ON EVIDENCE

SECTION IX
ON IDENTIFICATION

Article 163
Recognising a person

1. Where a person who is to recognise another person fails to fully identify him or her by describing that person’s characteristics, a physical identification of the latter shall be done.

2. Except in the case of a trial hearing, the validity of this means of evidence requires that the person to be recognised be placed in the midst of various others with identical physical characteristics and way of dressing, and the person who is to physically identify another person shall state whether any of the present is the person to be identified and, if so, which one.

3. Should there be more than one person to be identified, the procedure described in Sub-articles 163.1 and 163.2 shall apply separately to each of them.

4. Where there is reason to believe that the person called to physically identify another person might be intimidated or harassed for doing so and the identification is not done at the hearing, it shall be done, where feasible, without the former being seen by the latter.

Article 164
Identifying items

The provisions of article 163 are correspondingly applicable to the identification of items, with the necessary adaptations.

Article 165
Probative value

The court shall assess at its own discretion the result of the proof obtained by means of identification.

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:

(a) The identification and whereabouts of persons or the location of items;