SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXIX
EXAMINATION OF PLACES AND OBJECTS, EXHUMATION AND BODY SEARCH

Article 236. Examination of places and objects

236.1. The investigator shall examine the scene of the offence, buildings, documents, objects and human and animal corpses, with the aim of uncovering traces of the offence and other potential material evidence and determining the circumstances of the offence and other facts of significance to the case.

236.2. On discovery of an offence, except in circumstances where examination of the scene of the offence cannot be delayed, the examination shall be held in the daytime.

236.3. Where the examination takes place after the commencement of criminal proceedings and there is a suspect or accused, the suspect, the accused and/or any co-suspect or accused may participate in it. The investigator shall take steps in advance to guarantee the participation of co-offenders in the examination. Examination of the scene of the offence shall take place in the presence of at least 2 (two) witnesses.

236.4. The investigator shall conduct the examination of places or objects without violating any citizen’s rights. Where necessary, he shall measure the object, make plans, sketches or drawings of it, and, if possible, make a photographic, video or film record.

236.5. During the examination, the investigator shall, independently or with the assistance of a specialist, take prints and impound documents or any other objects which may be significant as evidence in future.

236.6. After completing the examination, the investigator shall draw up a record giving the following information :

236.6.1. the time, date and place of the examination ;
236.6.2. the investigator’s family name, first name, father’s name and title :
236.6.3. the family names, first names and father’s names of those participating in the examination as well as the year, month, day and place of their birth, their nationality, education, workplace, occupation or status, address and place of registration ;
236.6.4. information about the mutual relations of any circumstantial witness with the suspect, the accused or the victim (only in the event of participation of circumstantial witnesses in the examination of the scene of the offence) ;
236.6.5. a note to the effect that their rights, duties and responsibilities have been explained to each of the circumstantial witnesses (only in the event of participation of circumstantial witnesses in the examination of the scene of the offence) ;
236.6.6. a note about the circumstances of the examination, especially the use of photography, video, film or other recording techniques ;
236.6.7. the sequence followed in the observation procedure and all the evidence revealed during the examination.

236.7. The record shall be signed by all the participants in the examination, who shall have the right to require that their notes be included in the record, and by the investigator. If the record comprises several pages, each page shall be signed by all the participants in the examination.

236.8. If, during the examination, photography, video or other recording techniques are used, the relevant photos, tapes or other information devices shall be attached to the record.

236.9. Examination of residential, service or industrial buildings and objects found there shall be conducted where there are grounds and circumstances provided for in Article 243.3 of this Code, in accordance with the requirements of Articles 177.2-177.6 of this Code.

SPECIAL PART

SECTION SEVEN
PRE-TRIAL CONDUCT OF THE PROSECUTION

Chapter XXXIV
VERIFICATION OF TESTIMONY ON SITE AND CORROBORATIVE EXPERIMENTS

Article 260. Verification of testimony on site

260.1. Verification of testimony on site shall be carried out in order to clarify or establish the accuracy of the evidence given by a witness, victim, suspect or accused in connection with the offence committed, at the exact known location.

260.2. Counsel for the suspect or the accused shall be entitled to participate in the verification of evidence given by the suspect or the accused. If counsel for the suspect or the accused, having been informed of the performance of this investigative procedure in advance, expresses the wish to participate in the verification on site, the investigator shall take steps to guarantee this right.

260.3. Where necessary, at the investigator’s invitation, an interpreter, a specialist and the legal representative or representative of the participant in the criminal case whose testimony is being verified, and a teacher, doctor or other persons may also participate in the verification on site.

260.4. The investigator shall visit the site together with the person whose testimony is being verified, and shall propose that he point out (or describe) the circumstances or items about which he previously gave evidence or may now give evidence. The person being questioned shall show the way to the site, point out or describe the circumstances and items about which he previously gave evidence or may now give evidence, and answer the investigator’s questions.

260.5. On the investigator’s instructions or with his permission, photography, video, film and other recording techniques may be used during the verification.

260.6. If, during the verification on site, objects and documents which may be of evidential value to the case are revealed, they shall be impounded on the basis of a decision under Article 243.1 of this Code. The investigator shall as far as possible pack and seal the objects and documents removed and note their removal in the record of the verification on site.

Article 261. Record of the verification of testimony on site

261.1. After completing the verification of testimony on site the investigator shall draw up a record containing the following information :

261.1.1. the date, time and place of the verification of testimony on site ;
261.1.2. the investigator’s family name, first name, father’s name and title ;
261.1.3. the family names, first names and father’s names of others present (defence counsel, interpreters, specialists, legal representatives, representatives, teachers, doctors, etc) the year, month, day and place of their birth, their nationality, education, workplace, occupation or title, address and place of registration ;
261.1.4. the family name, first name and father’s name of the person whose testimony was verified on site, the year, month, day and place of his birth, his workplace or title, address and place of registration ;
261.1.5. a note that the rights and duties of the person whose testimony was verified on site were explained to him ;
261.1.6. a note about the circumstances of verification on site, including the use of photography, video, film or other recording techniques ;
261.1.7. the evidence given by the person concerned, if possible verbatim ;
261.1.8. all evidence discovered during the verification of testimony on site, in the order in which it was observed
261.1.9. a note about the removal of any objects or documents and their description.

261.2. The record of the verification of testimony on site shall be signed by all the participants in this investigative procedure, who shall have the right to require the inclusion of their observations in it. If the record consists of several pages, each page shall be signed separately by the participants.

261.3. If, during the verification of testimony on site, photography, video, film or other recording techniques are used, the relevant documents, photos, tapes or other information devices shall be attached to the record.

Article 262. Corroborative experiments

262.1. The investigator may conduct a corroborative experiment in order to check and clarify information which may be of importance to the prosecution and may be investigated by experimental and other means.

262.2. Counsel for the suspect or the accused may also participate in a corroborative experiment conducted with the participation of the suspect or the accused. If defence counsel, having been informed in advance about the conduct of this investigative procedure by the investigator, expresses the wish to participate in the conduct of the experiment, the investigator shall take steps to guarantee this right.

262.3. Witnesses, specialists, teachers, doctors or other persons may also participate in the corroborative experiment at the investigator’s invitation.

262.4. On the instructions or with the permission of the investigator, photography, video, film or other recording techniques may be used during the conduct of the corroborative experiment.

262.5. The conduct of a corroborative experiment shall be permissible where it does not endanger human life or health, jeopardise a person’s reputation or dignity or entail material damage.

Article 263. Record of the corroborative experiment

263.1. At the end of the corroborative experiment the investigator shall draw up a record containing the following :

263.1.1. the date, time and place of the corroborative experiment ;
263.1.2. the investigator’s family name, first name, father’s name and title ;
263.1.3. the family names, first names and father’s names of other participants (the suspect, the accused, defence counsel, witnesses, specialists, teachers, doctors, etc) the year, month, day and place of their birth, their workplace or title, address and place of registration ;
263.1.4. a note that the rights and duties of the person concerning whom the experiment is conducted have been explained to him ;
263.1.5. a note about the circumstances of the corroborative experiment, including which information was verified (clarified) and use of photography, video, film and other recording techniques ;
263.1.6. any evidence revealed by the corroborative experiment, in the order of its discovery (the circumstances and results of the experiment shall be given in detail).

263.2. The record of the corroborative experiment shall be signed by all the participants in the investigative procedure, who shall have the right to require the inclusion of their observations in it. If the record consists of several pages, each page shall be signed separately by the participants.

263.3. If, during the conduct of the corroborative experiment, photography, video, film or other recording techniques are used, the relevant documents, photographs, tapes or other information devices shall be attached to the record.