Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 15

CONFRONTATION, PRESENTATION FOR IDENTIFICATION

Article 174. Presenting a person for identification

When it is necessary to present a person for identification by a witness, victim, accused, or suspect, investigator first questions them about appearance and characteristic signs of such person and about circumstances under which the identifying person saw the person concerned, and then draws up a record of interrogation.

If a witness or victim identifies the person, the former is admonished of criminal liability for knowingly misleading testimonies while the witness is also warned about criminal liability for refusal to testify.

The person to be identified is presented to the identifying person together with other individual of the same sex and in number not less that three persons who don’t have sharp differences in the appearance and outwear.

Prior to present the person concerned for identification, such person is invited to take a place among other persons to be presented. The identifying person is asked to point at the person he/she should identify and explain by which signs he/she has identified him/her.

On exceptional basis, when it is necessary to ensure protection of the identifying person, identification may be conducted out of visual observation of the person to be identified, in accordance with provisions of the present Article. The person who was presented for identification should be necessarily informed on the result of identification.

In case of need, identification may be conducted by photos in accordance with provisions of the present Article.

A person is presented for identification in the presence of two attesting witnesses at least. When identification is conducted according to the fourth paragraph of the present Article, attesting witnesses should make sure that identification out of visual observation of the person to be identified is really possible and they should attest such identification.

(Article 174 as amended by Law No 1381-XIV (1381-14) of 13.01. 2000).


Article 175. Presenting objects for identification

If it is necessary to present an object for identification, investigator first asks the identifying person about characteristic signs of this object, as well as about circumstances under which the identifying individual saw this object and draws up a record of interrogation.

Whenever the identifying individual is a victim, the latter is warned about criminal liability for knowingly misleading testimonies while the witness is admonished of criminal liability for refusal to testify.

The object to be identified is shown to the identifying person among other similar objects. The identifying individual is invited to point at the object which he/she is supposed to identify, and to explain by which signs he/she has identified the object concerned.

Objects are produced for identification in the presence of two attesting witnesses at least. As far as practically possible, objects presented for identification should be photographed.


Article 176. Record of identification

A record of identification of a person or an object and of identification results is drawn up as prescribed in Article 85 of the present Code. Such record should also contain information on the person of the identifying individual and that the latter has been admonished of criminal liability for refusal to testify and for knowingly misleading testimonies. The record should further state details of persons and objects being presented for identification and characteristic signs by which the identifying individual has identified the person or the object concerned.

If identification is conducted in accordance with rules specified in the fourth paragraph of Article 174
of the present Code, the record, in addition to information required by the present Article, should necessarily state that identification was made out of visual observation of the person to be identified, as well as narrate all circumstances and conditions under which such identification was conducted.

The record is signed by all persons who participated in the identification, attesting witnesses, and investigator. The record is attached photos if persons or objects presented for identification have been photographed.

(Article 176 as amended by Law No 1381-XIV (1381-14) of 13.01. 2000).