Article 128 – Examination of a corpse
1. A corpse shall be externally examined by the party with an expert’s participation.
2. It shall be mandatory to take fingerprints and a sample for expert examination from an unidentified corpse.
Article 147 – Taking samples
1. Samples shall be taken by a relevant party. A party may take a sample from a human body, corpse, animal, substance, item or any other object containing information.
2. If taking a sample requires surgical or medical means, the sample shall be taken by an expert.
3. Taking a sample that does not cause severe pain shall be allowed with the consent of the person from whom the sample is to be taken. If taking a sample does not cause severe pain and the person refuses to voluntarily provide a sample, or the person is not able to express his/her will regarding the taking of a sample from him/her, a sample shall be taken under a court ruling based on a motion of a party. If there is an urgent necessity provided for by Article 112(5) of this Code, a sample may be taken without a court ruling, based on the investigator’s decree.
4. In the event of urgent necessity, within 12 hours after the commencement of the taking of a sample (and if the expiration of that period falls during non-working hours, not later than one hour after that period expires), the prosecutor shall notify the court of the taking of a sample according to the place of investigation, or to a court under the jurisdiction of which the procedural action has been carried out, file with the court a motion requesting the examination of the lawfulness of taking a sample, and submit the materials of the criminal case (or their copies) that justify the urgency of carrying out the procedural action. Not later than 24 hours after receiving the materials, the court shall decide the motion without an oral hearing. A court may review a motion with the participation of the prosecutor and the person against whom the given investigative action has been carried out.
5. Taking a sample that causes severe pain shall be allowed only in exceptional cases and with the consent of the person from whom the sample is to be taken, also with the consent of his/her parent, guardian or custodian if that person has not attained the age of 16, or is mentally ill, or under a court ruling.
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 :
b) Le rassemblement d'éléments de preuve, y compris les dépositions faites sous serment, et la production d'éléments de preuve, y compris les expertises et les rapports dont la Cour a besoin ;