Part I
GENERAL PROVISIONS
Chapter VII
EVIDENTIARY ACTIONS
5. Site inspection and reconstruction
Site inspection
Article 123
The site inspection is conducted by the authority in charge of the proceedings when direct observation is needed in order to determine or clarify a fact that is important for criminal proceedings.
Reconstruction
Article 124
(1) In order to check the presented evidence or establish facts of importance for the clarification of a matter, the authority in charge of the proceedings may order a reconstruction of the events, which shall be conducted by recreating activities or situations under the circumstances in which, on the basis of the evidence taken, the event has occurred. If activities or situations are presented differently in testimonies of individual witnesses or defendants, the reconstruction of the event shall as a rule be carried out with each of them separately.
(2) The activity referred to in paragraph 1 of the present Article may be carried out completely or partly through computer generated simulations.
(3) The reconstruction must not be carried out in such a way that would violate the public order, offend public morals or endanger the lives or health of people.
(4) If necessary, some evidence may be presented again during the reconstruction.
Participation of specialists and expert witnesses in site inspections and
reconstructions
Article 125
(1) The authority in charge of the investigation or reconstruction may request the assistance of a specialist on criminal offense technology, traffic or other field of expertise, who will, if necessary, find, protect or describe traces, make the necessary measurements and recordings, draw sketches or gather other information.
(2) An expert witness may also be invited to a site inspection or reconstruction if his presence would be useful for his findings and opinion.
Part One
GENERAL PART
Chapter VII
EVIDENCE
2. Evidentiary Actions
g) Examination
Examination of a Location
Article 136
The examination of a location is performed at a crime scene or other location where the objects or traces of a criminal offence are located.
The authority conducting proceedings may take into custody a person found at the location of the examination under the conditions stipulated in Article 290 of this Code.
1. Los Estados Partes, de conformidad con lo dispuesto en la presente Parte y con los procedimientos de su derecho interno, deberán cumplir las solicitudes de asistencia formuladas por la Corte en relación con investigaciones o enjuiciamientos penales a fin de:
(g) Realizar inspecciones oculares, inclusive la exhumación y el examen de cadáveres y fosas comunes;