VII
Article 71

[Everyone shall enjoy the right to privacy, home and family.
A body search or search of a person, a search of his premises or belongings may not be carried out, except in accordance with a court ruling or a special legal authority. The same applies to the investigation of documents and postal items, telephone calls and other telecommunications, as well as any similar restriction on a person's privacy.
Notwithstanding the provisions of the first paragraph. may, by special legal authority, otherwise restrict the inviolability of private life, home or family if there is an urgent need for the rights of others.]

Part 2. Investigations.
Section VII. General rules on investigations.
Article 54
The act in question shall be investigated and all available evidence pertaining to it shall be collected, e.g. as regards the place and time of its commission and all further circumstances that may be regarded as being of potential significance; the person suspected of the offence shall be sought; witnesses and others who may be regarded as likely to be able to give testimony , shall be found; items to be seized, and other visible pieces of evidence, shall be located . In addition, the scene of the crime, where appropriate, shall be examined, as shall all signs that may remain following commission of the offence.
An examination shall be made of matters pertaining to the accused himself or herself, including (according to whether there is reason to do this) his or her age, personal circumstances (such as family and home background), education, employment and financial standing, conduct and previous offences and his or her level of maturity and state of health, both mental and physical.
An examination shall be made of the accused’s attitudes and motivation for the offence, whether he or she committed the offence on purpose or, as appropriate, through negligence and, if it constituted an attempt, whether he or she abandoned it by free choice. If more than one person was involved in the offence, their parts in it shall be investigated, where possible, separately .

Part 2. Investigations.
Section IX. Seizure of items.
Article 68

Items, including documents, shall be seized if there is reason to believe that they, or things or information that they contain, are of evidential value in a criminal case, that they have been acquired in a criminal manner or that they may be eligible for confiscation. Items may not be seized if they contain information on communications between the accused and his or her defence counsel, and also information covered by the second paragraph of Article 119.

If it is possible to secure evidential proof for the purpose described in the first paragraph without it being necessary to seize an item, then instead of the item being seized, its owner or keeper shall be ordered to grant access to it or to release the information it contains, for example by handing over a copy of a document or information of another type.
Article 69
The police may seize items without a court order (see, however, the second paragraph).
If items are in the keeping of a person other than the accused, and there is no danger that they will be destroyed or disposed of, seizure shall be decided by a court order unles the unequivocal consent of the owner or keeper has been given.
If the owner or keeper of an item which is seized is not prepared to comply with the ruling, he or she may refer the dispute to a judge. A demand to have an item released shall nevertheless not postpone seizure.

Article 70
Letters and other items in the post which are in the keeping of a postal or transport company, and also telegrams, faxes, electronic mail or other communications which are in the keeping of a telecom, may be seized providing that this is done in connection with the investigation of an offence which is punishable by imprisonment according to law. If the sender or recipient are not present at the seizure, they shall be informed of it at the first opportunity, though without this damaging the further investigation of the case. Examination of the contents of letters, messages or items sent by post which are seized under this paragraph may only proceed in accordance with a court order.
Printed matter may not be seized in preparation for confiscation under the Printed Matter Act without a previous court order.
Article 71
Seized items shall be recorded in a register and shall be preserved securely. In response to a request by the owner, or the person who released the items, he or she shall be provided with a copy of the register.
Article 72
Items shall be released when the it is no longer to hold them, and at the latest when the case is finally concluded, except in the case of:
a. items that have been confiscated according to a court judgment,
b. items that were acquired through criminal activity and that have been restored to persons who had the right to claim them,
c. items that were submitted as evidence in the case, unless the person demanding their release needs the item in question in order to secure his or her rights or avoid the loss of rights.
When items are released under the first paragraph, the police shall see to it that they are returned to the persons who have a claim to them.

Section X. Searches and physical examinations.
Article 73
In the interest of an investigation, buildings or storage places, individual rooms, cupboards, trunks, etc., may be sealed, specific places or areas may be cordoned off and closed to entry, prohibitions may be imposed on removing items from specific places or areas and comparable measures may be taken in order to ensure that crime scenes and evidence of other types that may be of use in an investigation are not disturbed; this may be done without a court order.
Article 74
Searches may be carried out in buildings, storage places, cupboards, trunks, etc., vessels, aircraft, automobiles or other vehicles belonging to the accused in order to arrest him or her, examine property damaged or destroyed in the offence, or other evidence, or to locate items that are to be seized.
A search may be carried out in buildings, storage places, cupboards, trunks, etc., or vehicles belonging to a person other than the accused if the offence was committed there or the accused was arrested there. This may also be done if there is a reasonable suspicion that the accused is present there or that items that are to be seized will be found there.
A condition for searching a building shall be that there is a reasonable suspicion that an offence has been committed there which may lead to an indictment and that the accused was involved, providing that this is obviously of importance to the investigation. Another condition for searching a building as provided for in the second paragraph shall be that the investigation is directed towards an offence that could lead to the imposition of a prison sentence according to law.
Article 75
Decisions on searches under Article 74 shall be taken by means a court order unless the unequivocal consent of the owner or the person in charge of item has been given (see, however, the second and third paragraphs).
A search may nevertheless be carried out without a court order if there is an imminent risk that waiting for a court order could result in damage to the procedure. This shall also apply if a search is being made for a person who is to be arrested and he or she is being followed, or there is a danger that he or she will escape if it is necessary to wait for a court order.
Searches may be made without a court order on open ground and in premises or vehicles that are open to the public or that any person is allowed to move around in without interference, even though the conditions of Article 74 are not met.
If a person with interests at stake is unwilling to comply with a police decision to carry out a search under the second or third paragraph, it shall be pointed out to him or her that the dispute may be referred to a court. This shall not, however, postpone the search.
Article 76
An accused person may be subjected to a body search if this is considered necessary in order to remove from him or her items that are to be seized, providing there is a reasonable suspicion that he or she has committed an offence that may be punishable by imprisonment under the General Penal Code or two years’ imprisonment under other acts of law. Furthermore, and subject to the same conditions, persons other than the accused may be subjected to body searches providing that there is a reasonable suspicion that they have items that are to be seized on their person.
If it is considered that an accused person is concealing within his or her body items or substances that are to be seized, an examination may be carried out providing that there is a reasonable suspicion that the person has committed an offence that is punishable by six years’ imprisonment according to law. Furthermore, a doctor’s opinion must be obtained stating that an examination under this paragraph may be carried out without posing a hazard to the accused person’s health.
An accused person’s fingerprints may be taken, and photographs may be taken of him or her, in the interests of the investigation; breath samples may be taken for the same purpose. Fingerprints of all those who, because they have been at the scene of the crime, may have left fingerprints there, may be taken for purposes of comparison. This authorisation shall apply even if no punishment may be imposed according to law.