Identification d’une personne et du lieu où elle se trouve – procédures nationales

Kosovo

Kosovo - Criminal Procedure Code 2022 EN

Article 77
Measures to Identify a Suspect

1. The police may photograph a person and take his fingerprints, if there is a reasonable suspicion that he has committed a criminal offense.

2. The state prosecutor may authorize the police to release the photograph of the suspect for general publication, when this is necessary to establish the identity of a suspect or in other cases of importance for the effective conduct of proceedings.

3. If it is necessary to identify whose fingerprints have been found on an object, police may take the fingerprints of persons likely to have come into contact with such objects.

4. Police may with the assistance of a qualified physician or nurse or in exigent circumstances on their own collect the samples referred to in Article 141, 142 or 143 of this Code from a suspect if it is urgent. The state prosecutor shall be informed immediately of the collection of such samples.

5. Police may request a suspect to take an alcohol test by providing urine or breath samples, and the refusal of the suspect to provide such samples constitutes admissible evidence. The suspect shall be notified of this in advance. Neither sample shall be taken by compulsion without a court order.

Article 116
Identification of Persons or Items

1. Where there is a need to establish whether a witness can recognize a person or an object, such witness shall first be asked to provide a description of and indicate the distinctive features of such person or item.

2. The witness shall then be shown the person with other persons unknown to the witness, or their photographs, or the object with other objects of the same kind, or their photographs. The other persons must have similar appearance and similar facial features and in the case of a photographic array all photos must have the same format, the same background and all the persons should have similar appearance and similar facial features.

3. The witness shall be instructed that he is under no obligation to select any person or item or photograph, and that it is just as important to state that he does not recognize a person, item or photograph as to state that he does.

4. A record shall be kept of the description obtained under paragraph 1. of this Article, the time and date of that description, and those present when the description was given. A record shall also be kept of the identification made under paragraph 2. of this Article, including the time and date of that identification and photographs of those other persons or objects.

5. The identification of a person or item under this Article may be overseen by the police or by the state prosecutor. The record made under paragraph 3. of this Article shall be entered into the case file.

Article 155
1. The state prosecutor may render a ruling to suspend the investigation if the defendant, after committing a criminal offense, has become afflicted with a temporary mental disorder or disability or some other serious disease, if he has fled, a request for international legal assistance has been made, or if there are other objective circumstances pertaining to the conduct of the investigation which temporarily prevent successful prosecution of the defendant.

Statut de Rome

Article 93 Autres formes de coopération

1. Les États Parties font droit, conformément aux dispositions du présent chapitre et aux procédures prévues par leur législation nationale, aux demandes d'assistance de la Cour liées à une enquête ou à des poursuites et concernant :

a) L'identification d'une personne, le lieu où elle se trouve ou la localisation de biens ;