Article 131 – Presenting a person and object for identification

1. During an investigation, presenting a person (or object) for identification shall take place with the consent of the identifying person.

2. Before identification, the identifying person shall, under this Code, be interviewed/questioned with respect to individual and generic characteristics of the object to be identified, and to the circumstances under which he/she came into contact with the object to be identified. During the identification, the identifying person shall indicate the characteristics by means of which he/she identified the object to be identified.

4. An object to be identified shall be presented to the identifying person together with at least two other similar objects. The identifying person shall be asked to indicate the object that he/she is able to identify and to indicate the characteristics by means of which he/she has identified it.

5. When an object to be identified cannot be presented for identification to the identifying person, or if that requires unreasonable effort, the identification may be conducted by means of a photograph. In this case, the identifying person shall be presented with at least three other photographs depicting the objects that do not differ significantly from each other and from the object to be identified. Photographs may be presented for identification in electronic form.