Article 125 – Inspection

1. To discover a trace of a crime, the material evidence, or to establish the details of an incident and other circumstances essential to a criminal case, a party may inspect the crime scene, a storage facility, a dwelling place, premises, a corpse, an item, a document or any other object that contains information.

2. If private property is to be inspected, the inspection shall be conducted under a court ruling. A court ruling shall not be required for an inspection conducted by a party in the event of an absolute necessity, or when the owner (holder) expresses his/her consent in writing. A court ruling shall not be required either for the inspection of publicly available information, document or data.


Article 126 – General procedure for inspection

1. An item, a document, substance or any other object containing information discovered during a search, shall, if possible, be presented, before its seizure, to persons participating in the investigative action. Then, it shall be seized, described in detail, sealed and, if possible, packaged. In addition to a seal, the date and the signatures of the persons who participated in the investigative action shall be indicated on the packaged item. A person participating in an inspection may draw the attention of the party to everything that, in his/her opinion, may contribute to the establishment of circumstances essential to the case.

2. If an inspection of a seized item, document, substance or information requires a long time or additional technical means, an investigative action may be continued at the place of the conduct of the investigation.

3. An inspection may be conducted by technical means, unless it destroys or damages an item, a document, substance or any other object containing information, or a trace thereon.


Article 127 – Inspection of a crime scene and other locations

1. A crime scene shall be inspected at the location where the crime has been committed or where traces of the crime have been discovered. Until the completion of an inspection, the crime scene shall be secured.

1^1. Where there is a risk of destruction, loss or damage of evidence with regard to criminal cases provided for by Articles 276 and 281 of the Criminal Code of Georgia, the authorised official responsible for the protection of the crime scene may, before starting the inspection of the crime scene, record the evidence using technical means and store it.

2. If it is necessary to conduct an inspection in a residential place, a closed territory or at a work place against the will of those in possession of the premises, the party shall file a motion with a court. If there are grounds provided for by Article 112 of this Code, the court shall render a ruling authorising the inspection. The ruling shall be presented to the person on whose premises the inspection is conducted and the presentation shall be verified by his/her signature. If an inspection is conducted on the premises of a legal person or an administrative body, the ruling shall be presented to its head or representative and the presentation shall be verified by his/her signature.

3. In the case of an urgent necessity, the investigative action provided for by this article shall be carried out in the manner prescribed by Article 112(5) of this Code.