Allanamientos y decomisos – autoridad – procedimientos nacionales

Fiji

Fiji - Criminal Procedure Decree 2009 EN

Part IX-Search warrants
power to issue arrest warrants

98.— (1) Where it is proved on oath to a magistrate or a justice of the peace that in fact or according to reasonable suspicion anything relevant to the commission of an offence is in any building, ship, vehicle, box, receptacle or place, the magistrate or justice of the peace may by a search warrant authorise a police officer or other person named in it to search the building, ship, carriage, box, receptacle or place named or described in the warrant.
(2) If, during the authorised search —
(a) anything searched for is found; or
(b) any other thing reasonably suspected as having been stolen or unlawfully obtained is found —
the police officer or other person authorised by the search warrant may seize it and take it to the court issuing the warrant, or some other court, to be dealt with according to law.
Execution of search warrants
99. Every search warrant may be issued on any day (including Sunday) and may be executed between the hours of sunrise and sunset, but the magistrate or justice of the peace may by the warrant, specifically authorise the police officer or other person to whom it is addressed to execute it at any hour.
Persons in charge of closed place to allow access
100.— (1) Whenever any building or other place liable to search is closed, any person residing in or being in charge of the building or place shall, on demand of the police officer or other person executing the search warrant, and on production of the warrant, allow access and free movement out of it, and afford all reasonable facilities for the search.
(2) If the access to and movement out of the building or other place cannot be obtained, the police officer or other person executing the search warrant may proceed in any lawful manner.
(3) Where any person in or about such building or place is reasonably suspected of concealing on himself or herself any article for which search should be made, the person may be searched, and the provisions of section 16 shall be observed.
Detention of property seized
101.—(1) When anything is seized and brought before a court, it may be detained until the conclusion of the case or the investigation, and reasonable care shall be taken for its preservation.
(2) If any appeal is instituted, or if any person is committed for trial, the court may order property which has been detained to be further detained for the purpose of the appeal or the trial.
(3) If no appeal is instituted, or if no person is committed for trial, the court shall direct the property to be restored to the person from whom it was taken, unless the court sees fit or is authorised or required by law to otherwise dispose of it.
Provisions applicable to search warrants
102. The provisions of sections 86 (1) and (3) and 91 shall apply to all search warrants issued under section
98.
Procedures for dealing with documents claimed to be privileged
103.— (1) No claim as to privilege or confidentiality of any documents seized or to be seized under the authority of a search warrant shall be grounds for preventing such seizure or challenging the right of any person acting on the authority of the search warrant to seize the documents.
(2) Where any documents are seized under the authority of a search warrant and any person claims that the documents are subject to a lawful claim of privilege or confidentiality the person having custody of the documents in accordance with this Part shall, immediately upon becoming aware of such a claim, place the documents in a sealed bag or other receptacle and cause the documents to be delivered to the Registrar of the High Court.

Fiji - Mutual Assistance in Criminal Matters 1997 EN

''Part VI-PROCEEDS OF CRIME, Division 2 - Requests by foreign countries, 32. Requests for search and seizure warrants in respect of tainted property''
Where-
(a) a criminal proceedings or investigation has commenced in a foreign country in respect of a serious offence;
(b) there are reasonable grounds to believe that tainted property in relation to the offence is located in Fiji; and
(c) the foreign country requests the Attorney-General to obtain the issue of a search warrant in relation to the tainted property,
the Attorney-General may, in writing, authorise a police officer to apply to a Magistrate under section 103 of the Criminal Procedure Code for a search warrant in relation to that tainted property.

Estatuto de Roma

Artículo 93 Otras formas de cooperación

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:

(h) Practicar allanamientos y decomisos;