Section 175. Presentation for Identification

(1) Presentation for identification is an investigative action whose content is the demonstration of an object to a victim, a person against whom the criminal proceedings have been commenced, a detained person, witness, suspect, or accused for the purpose of determining the identity thereof with the object that such person knew or detected earlier in conditions that are related to the event being investigated.

(2) A living person (on the basis of the external appearance, dynamic features, or voice thereof), corpse, item, document, animal or other object may be presented for identification.


Section 177. Procedures for Conducting a Presentation for Identification

(1) An object to be identified shall be presented together with at least two more objects. All the objects shall be mutually uniform, without drastic differences.

(2) The conditions under which a presentation for identification take place shall be as similar as possible to the conditions under which the identifier perceived the object to be identified in connection with the event being investigated, but the object to be identified shall, as far as possible, be in the state and form that such object was at the time when the object was first perceived.

(3) The placement of objects to be presented, or the order of the presentation thereof, shall be such that the identifier is unable to know beforehand the location of the object to be identified, and that he or she can fully perceive the characteristics and features thereof on the basis of which such object may be identified. A person to be presented for identification shall select, by himself or herself, a place among the other persons to be presented.

(4) Objects to be presented shall be photographed, insofar as possible, or a sound and image recording shall be made of such objects.

(5) If the presentation of an actual object to be identified is not possible, a representation thereof may be presented that has been obtained with the assistance of photographic, video, or other scientific-technical means, and in which the characteristics and features thereof on the basis of which such object may be identified have been recorded.

(6) The provision referred to in Paragraph five of this Section shall also be complied with in cases where the object to be identified is rarely encountered, and where it is difficult to find two more mutually uniform objects.

(7) If an identifier indicates that one of the presented objects is the object to be identified, such identifier shall be invited to explain, in as much detail as possible, the characteristics and features on the basis of which he or she identified such object. The identified person shall be summoned to announce his or her given name and surname.

(8) In cases where special procedural protection has been determined for an identifier, and such protection is necessary for the security thereof, identification shall be performed in conformity with the provisions of Division Four of this Law.

(9) The procedures laid down in Paragraph eight of this Section shall also be applied in cases where it is
necessary, due to ethical or psychological considerations, that the person to be identified does not see the identifier

Section 409. Search for an Accused

(1) In suspending criminal proceedings in accordance with Section 378, Paragraph one, Clause 2 of this Law, a prosecutor shall immediately take a decision on a search for an accused. If necessary, a prosecutor may take a decision to apply a security measure to an accused, or regarding the modification of such decision.

(2) A prosecutor shall send a copy of a decision on a search for an accused and a decision to apply a security measure for execution to the body performing operational activities according to the competence thereof.

Section 634.2 Search for the Convicted Person

(1) If a convicted person is hiding and the whereabouts thereof are unknown or if the convicted person does not arrive to serve temporary deprivation of liberty, a judge of the court which controls the complete execution of a judgment or decision, or a court which decides on the replacement of punishment with deprivation of liberty shall take the decision to search for the convicted person. A decision on search for the convicted person shall be taken in a written procedure. Such decision shall not be subject to appeal.

(2) The decision on a search for a convicted person shall be transferred for execution to the body performing operational activities according to the competence thereof.