Section 2 Criminal Case

Chapter 3 Crime Detection, Arrest of the Accused Person and Collecting Evidence

Obligation of Assigned Person in Detecting Crime:

Article 80:

(1) Detection of a crime, according to circumstances, shall take place by the police and national security operative.

(2) The police and national security operative after receiving notification about a crime or noticing the signs and traces of a crime shall go to the crime scene observing other conditions contained in this law and carry out the following activities:

1– Observing the crime scene and photographing and identifying the circumstances and conditions that reveals the occurrence of the incident.

2– Identifying the type of crime, perpetrator and victim.

3– Arresting and searching the suspect, if necessary.

4– Identifying evidence, proofs, traces and signs related to the crime, perpetrator and its consequences.

5– Identifying the individuals who were present in the crime scene at the time of occurrence of the crime and recording the statements of suspect, victim, and crime scene witnesses.

6– Taking necessary measures for safeguarding traces and seizure of items relevant to the crime.

7– Preparing registry, examining crime scene and conducting other relevant proceedings.

(3) Police and national security operative are obligated to notify the relevant prosecutor within 24 hours after the detection of the crime.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Inspection of Houses and Residential Buildings:

Article 119

(1) Police, in-charge officer of the National Directorate of Security, and prosecutor cannot enter and search a residence of a person or other residential buildings without permission of the resident or prior search warrant from the competent court.

(2) If it is deemed necessary to inspect a residence or residential building, police, in-charge officer of the National Directorate of Security, and prosecutor are duty-bound to request permission for inspection from a competent court. The proposal for inspection permission letter contains the following:
1– Type of crime.
2– Purpose and subject of the inspection.
3– Date, time and location of inspection.
4– Duration of inspection.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Inspection Authorization

Article 120

The competent court shall allow entering a residence or residential building and inspecting them in the following situations:

1– If the person stands against summons or violates enforceable provisions and is staying in the target residence or residential building.

2– If the person’s arrest warrant has been issued and the person in question is hiding in the target residence or residential building.

3– If crime, felony or misdemeanor has been committed in the residence or residential building and inspection of crime scene requires entry to it.

4– If there are definite indications of hiding a suspect or an accused person in the residence or residential building, or concealing banned objects or objects related to a misdemeanor or felony therein.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Procedure of Inspection

Article 121:

(1) While inspecting the residence or residential building, presence of a policewoman is deemed necessary.

(2) Entrance to the residence or residential building occurs through the door by showing police or prosecutor identification cards and with permission letter from a competent court, in case of impediment, the police shall use the minimum force to enter the residence or residential building.

(3) For collecting evidence, the inspection of residence or residential building can only be conducted to search for objects related to the crime being detected and investigated.

(4) If police, in-charge officer of the National Directorate of Security, and prosecutor, while inspecting notice items which are, based on the provision of law, considered a crime to possess or they may help in the detection of other crimes, they may seize them.

Body Search

Article 122:

(1) Police, National Directorate of Security officer, and the involved prosecutor, based on the provision of law, can do a body search of the person whose arrest is permitted in such situation.

(2) Body search includes inspection of person’s exterior body, clothes, and other items that he/she has with him/her.

(3) Searching of the person shall happen with respect to his/her character and human dignity.

(4) Search of a woman shall be conducted by a policewoman and search of a man shall be done by a policeman. If police of the same gender are not available in the search area to search the person who needs to be searched, a police officer can ask another appropriate person of the same gender and instruct him/her in searching.

(5) A body search shall not happen in the presence of persons of the opposite gender.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Situations of Search of a Person

Article 123:

In the following conditions body search of a person may happen without considering the provision set forth in paragraph (1) of article 122 of this law:

1– If security measures require.

2– If the person has been arrested or detained red-handed.

3– If the person carries the banned items or items relevant to the crime or to be used in committing a crime such as a firearm or lacerating weapons that can be used in an attack or that can hurt another person.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Permission to Enter a Residence or Residential Building for a Witnessed Crime (Flagrante Delicto)

Article 124:

(1) In cases of witnessed crimes, whether felony or misdemeanor, without considering the provision set forth in article 121, police, prosecutor, in-charge officer of the National Directorate of Security may enter the residence or residential building of a person and inspect it and confiscate the items and documents that are useful in detection of the crime. The incident shall be recorded in the registry and the signature and fingerprint of the suspect, the accused person or resident of the residence or residential building shall be obtained. In case they refuse to sign or apply their fingerprint, the issue shall be recorded in the registry. If possible, certification of residents or neighbors should be obtained regarding the issue.

(2) In conditions set forth in paragraph (1) of this article, police, prosecutor, and in-charge officer of the National Directorate of Security are obligated to obtain verification for their action from the competent court through the prosecution office within 5 official days.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Presence of the Suspect or Accused Person During Inspection

Article 125:

(1) Inspection of the residence or residential building shall happen in the presence of the suspect, accused person or one of the residence or residential building residents if available.

(2) If there is no other resident in the residence or residential building except for the suspect or accused person, or if the suspect or accused person is also absent, residence or residential building inspection shall happen in the presence of 2 witnesses who are kinfolk, relatives or neighbors to the aforementioned people. In such case, the incident shall be recorded in the registry and signatures or fingerprints of the present individuals obtained.

(3) The registry set forth in paragraph (2) of this article shall contain the following:

1– An explanation stating that the resident was informed of his/her legal rights.

2– Statements of the present individuals.

3– Details as to whether the confiscated items were submitted voluntarily or taken by force.

4– Location of confiscation and condition of concealment or place of confiscated documents and items

5– Mention of the accurate amount, quality, and other specifications of the confiscated items, and if possible their real values.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Sealing Off Locations

Article 126:

Police, National Directorate of Security officer and prosecutor, can seal off and assign guards to the places where there are evidence, crime results and other items in crime detection; in such case the relevant prosecution office shall be immediately informed of the issue.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Complaint of the Resident or the Landlord:

Article 127:

The resident of the residence or residential building may complain against the executions of police, National Directorate of Security officer or prosecutor; in this case in light of circumstance, the complaint letter shall be submitted to the prosecutor, higher prosecutor or

Section 2 Criminal Case

Chapter 8 Inspection and Search

Recording Crime Detection Facts Supporting Objects in the Registry:

Article 128:

(1) During inspection of a residence, residential building or search of a person, police, National Directorate of Security officer, and prosecutor may seize weapons, commodities, documents and other things which have been used in committing the crime or which have been obtained as result of the crime, or have been provided with the intention of committing the crime.

(2) The items set forth in paragraph (1) of this article are brought to the attention of the suspect or the accused person and their opinions shall be taken regarding the matter, the incident is recorded in the registry and a signature and fingerprint of the suspect or the accused person shall be obtained. In case they refuse to sign or apply their fingerprint, it shall be recorded in the registry and certification of a resident of the residence or a neighbor shall be taken.

(3) If the items set forth in paragraph (1) of this article were confiscated from another person, after being brought to the attention of the suspect or the accused person and his/her opinions were obtained, it shall be recorded in the registry in accordance with the provisions of this law.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Description and Sealing Confiscated Documents

Article 129:

(1) Police and in-charge officer of the National Directorate of Security are obligated to describe the confiscated documents and items and place them in a closed box which shall be ribbon bound, sealed and stamped. The date of seizure of the items shall be written on the ribbon and the process shall be recorded in the registry.

(2) Description of the confiscated documents and items are written in 3 copies. The first copy is put in the box, the second is given to the owner whom the items are confiscated from, and the third copy is attached to the relevant documents.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Seal and Stamp Protection

Article 130:

The seal and stamp, completed in accordance with article 129 of this law, may not be opened, unless by the permission of the prosecutor and in presence of the suspect or the accused person and the person whom the documents and items are confiscated from or their legal representatives.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Forbidding the Confiscation of Items and Documents

Article 131:

The prosecutor cannot confiscate documents that the accused person or the suspect intends to submit to an expert for examination, or the correspondences that occur between the suspect or the accused and his/her defense attorney, unless stipulated otherwise in the law.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Issuing Order Regarding Confiscated Items

Article 132:

The prosecutor shall check the confiscated documents and items in the presence of the suspect or the accused or the person whom the items are confiscated from and if presentation of the items are needed and relevant in the trial process and they are subject to confiscation, the prosecutor may issue an order to retain and attach them to the file or otherwise the prosecutor may issue an order for the items to be delivered to their owner or sender.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Forbiddance to Disclose Information

Article 134:

(1) Police, National Directorate of Security officer, and prosecutor are obligated to avoid disclosure of the contents of documents and information obtained while discharging their duty.

(2) During inspection or other prosecution processes, anyone who learns of the contents of the documents and items and discloses that information to someone else other than relevant justice and judicial authorities or somehow abuses them, shall be punished in accordance with the provisions of the law.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Forbiddance of Confiscation of Items and Documents

Article 135:

(1) Police, National Directorate of Security officer and prosecutors, during inspection, may not confiscate documents and items that have no relation to the criminal case.

(2) After the items and documents related to the crime are confiscated during the inspection, the police, National Directorate of Security officer and prosecutor are obligated to end the inspection.

(3) Violations of the provisions set forth in paragraphs (1) and (2) of this article are considered an abuse of authority and the offender shall be punished in accordance with the provisions of the law.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Inspection of Legal Persons’ Buildings

Article 136:

Police, National Directorate of Security officer and prosecutor are obligated to inspect the buildings of legal persons in accordance with the provisions of this law in the presence of its legal representative.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Submitting a Copy of the Registry to Participant

Article 137:

After inspection and completing the registry, police, National Directorate of Security officer and prosecutor are obligated to submit 1 copy of the registry to the person that was present during the inspection, based on his/her request and obtain his/her signature or fingerprint.

Section 2 Criminal Case

Chapter 9

Measures Relating to Seized Items

The Order on the Return of Confiscated Items

Article 138:

The prosecutor’s office or court may order the return of items confiscated during the detection and investigation with or without the request of the owner, even prior to issuing of verdict, on the condition that the mentioned items are not related to the case proceedings and they are not the items which based on law are not to be confiscated.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Ownership Dispute

Article 139:

In the event of a dispute pertaining to the confiscated items, the prosecutor cannot order their return. In this case, the issue is referred to a competent court for resolution.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Request for the Return of Confiscated Items

Article 140:

The claimant can request that the prosecutor’s office return the confiscated items which are his/her property. In case his/her request is rejected by the prosecutor’s office, he/she can present his/her reasons and complaints to the competent court.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Returning Confiscated Items

Article 141:

(1) Confiscated items are returned to the person from whom they were seized. If the confiscated items are the subject of the crime or instruments used to commit the crime, they are returned to the person who lost their possessions due to the event of the crime, provided that in accordance with the law he/she has the right to keep them.

(2) An order for the return of the confiscated items shall not preclude the contesting parties from bringing the case before a civil court. If the order is issued based on a request made by one side in the presence of the opposing party and the items were returned to him/her, the opposing party cannot raise a claim.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Confiscated Items and Dropping a Case

Article 142:

Should a ruling be issued dismissing a case, the competent authority is obligated to resolve the question of possession of the confiscated goods.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Time Period for Demanding the Return of Confiscated Items
Article 143:

Should the contesting parties fail to demand the return of the confiscated goods within 3 years from the termination of the case, the goods shall become State property without the issuance of an order.

Perishable Items

Article 144:

If a confiscated item is an item that depreciates over time or its maintenance requires expenses equivalent to its price, it shall be authorized to be sold through auction by the permission of the competent court and the money earned from them deposited in a safe account in the bank. In this case, the owner can request the amount, which was acquired through the sale of the item within 3 years of the claim’s conclusion.