Part 2 Evidencing

Chapter 12 Material Evidence

Article 111

Safe-keeping of material evidence

(1) Material evidence shall be kept until the end of the penal procedure.

(2) The objects, seized as material evidence, with the prosecutor’s permission, may be returned to their owners before closing the penal procedure only if this will not mislead the clarification of the circumstances under the case or does not appear an object of administrative offence.

(3) The refusal of the prosecutor under Para.2 may be subject to appeal by the owner before the respective court of first instance. The court shall rule on the appeal in a closed sitting with a single judge by a determination which shall be final.

(4) The objects seized as material evidence, which are perishable and cannot be returned to their owners with the prosecutor’s permission, shall be delivered to the respective establishments and legal persons to be used in accordance with their designation or shall be sold and the received sum shall be deposited in a commercial bank, serving the state budget.

(5) Drugs, precursors and plants containing drugs may be destroyed before closing the penal proceedings, in accordance with the procedure and under the conditions of the Law on Control of Drugs and Precursors. In such a case, only the seized representative samples shall be kept until the end of the procedure.