Article 52. Prosecutor’s Duties during a Criminal Investigation

During a criminal investigation the prosecutor, within the limits of his/her material and territorial competence:
15) issues, in line with the provisions of this Code, orders for a person’s arrest, for requiring a person’s appearance, on the seizure of objects and documents and on other criminal investigative actions;

Article 125. Reasons for a Search
(1) The criminal investigative body shall have the right to conduct a search if the evidence obtained or the special investigative materials substantiate a reasonable assumption that the tools designed to be used or used as the means for committing a crime, objects and valuables obtained as a result of a crime are at a specific premises or in any other place or with a specific person. A search may also be conducted for objects or documents that could be important for the criminal case and that cannot be obtained by other evidentiary methods.

Article 132^6. Search of a Domicile and/or Installation of Devices Ensuring Audio and Video Surveillance and of Recording, and of Photo and Video Devices
(2) When searching a domicile, the investigative officer shall examine the visible objects and, upon authorization of the investigative judge, may install audio and video recording equipment, photo and video devices or other technical means that ensure wiretapping and recording of information or its direct recording in the domicile.

Article 134. Examination and Seizure of Correspondence
(1) A representative of the criminal investigative body shall come to the post office and hand over to the chief of the post office, against signature, the order on examining and seizing the correspondence and shall open and examine the correspondence.

(2) Whenever documents and objects of evidentiary significance to the criminal case are found, the representative of the criminal investigative body shall seize them and make copies. Should no documents and objects be found, the representative of the criminal investigative body shall order the handing over of the correspondence examined to the addressee.

(3) Transcript of all examinations and seizures of correspondence shall be prepared in line with the provisions in arts. 260 and 261. In particular, the transcript shall refer to the person who examined and seized the correspondence and to the place and time of examination and seizure of the correspondence, to any order to hand it over to the addressee, to the kind of correspondence, to the correspondence that was copied, to the technical means used and to what was found. All the participants and persons present at this procedural action shall be warned about their obligation to guard the confidentiality of the correspondence, not to disclose criminal investigative information and about their criminal liability set forth in arts. 178 and 315 of the Criminal Code. Notes to that effect shall be included in the transcript.

Article 279. Criminal Investigative Actions
(3) An investigation, a search for and the seizure of objects and other procedural actions performed at a domicile shall be allowed only with the consent of the person living at the respective address or with the respective authorization.