CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER V
ON POLICE

Article 56
Urgent searches, checks and seizures

1. The police may conduct searches, checks or seizures without a court order:
(a) In the case of flagrante delicto in connection with a criminal offence that carries imprisonment; or
(b) where there is strong suspicion that items relating to a criminal offence are hidden and a delay in securing permission to retrieve them might lead to the modification, removal or destruction of such items or pose a danger to the safety of persons and goods.

2. A report of occurrence of any of the acts referred to in the preceding sub-article is prepared and either incorporated into the respective criminal case or conveyed to the Public Prosecution Service where the respective criminal proceeding is not initiated immediately, and the competent judicial authority shall assess the validity of the act.

3. Sub-article 56.2 does not apply to searches or checks in which no items relating to a criminal offence have been found.

4. Sub-article 56.1 does not apply to home searches.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE V
ON PROOF

CHAPTER III
ON THE MEANS OF OBTAINING PROOF

SECTION I
ON SEARCH OF PERSONS AND PLACES

Article 168
Concept

1. A body search shall be carried out where there is a need to seize any items related to a crime or that may serve as a means of evidence, which someone is carrying or hiding on himself or herself.

2. A search is carried out, in a reserved place or a place that is not freely accessible to the public, where :

(a) items referred to in sub-article 168.1 are to be seized;
(b) any person is to be arrested.

Article 169
Formalities

1. Except as otherwise stated in the law, the search of persons and items are authorised through an order issued by the judge, who may direct the search if he or she deems it advisable.

2. The search of persons and items are carried by the police bodies responsible for carrying out the inquiry or by a person specifically appointed by the Public Prosecution Service for that purpose.

3. The dignity and sense of decency of the person concerned shall be respected while the search is being carried out.

4. Articles 87 and 88 are correspondingly applicable and the person concerned must sign the report that is required to be prepared during the search.

5. A duplicate of the order authorising the search shall be provided to the person concerned in the act of executing the respective search.

6. In the case of urgency or danger posed by a delay in securing authorisation, police bodies may carry out a search without prior authorisation from the judicial authority, but they shall immediately report the fact to the latter.

Article 170
Search of houses

1. The search of an inhabited house or of one of its outbuildings may only be carried out between 6 am and 8 pm, except as otherwise provided in sub-article 171.2.

Article 171
Relevance of consent

1. An order issued by the judge authorising a search can be dispensed with where the person concerned consents, in writing, to the carrying out of the search.

2. Consent with regard to a home search may also cover the period of time stated in the previous article.


SECTION II
SEIZURES

Article 172
Seizing items

1. Except as otherwise stated in the law, the seizure of an item relating to a criminal offence or that may serve as a means of evidence must be authorised by the judge.

2. In the case of urgency or danger posed by a delay in securing authorisation, police bodies may carry out a seizure without prior authorisation, but they shall immediately report the fact to the competent judge, with the aim of having the seizure validated.

3. Items seized are attached to the records or, where necessary, placed in the care of a trustee who may be the clerk of the section.

4. Where the object of the seizure is any hazardous or perishable item, the judge shall order that the necessary measures be taken to preserve or maintain such item or to destroy, sell or use it for a socially useful purpose, after an examination and evaluation report has been prepared.

5. Articles 87 and 88 are correspondingly applicable, and the person concerned must sign the report that is required to be prepared during the seizure.

Article 173
Disposal of seized items

1. Seized items are restituted to their rightful owners if such items are not to be declared forfeited to the State.

2. Restitution is ordered as soon as seizure for the purpose of proof becomes unnecessary or after a final decision has been handed down by the court.

3. The decision ordering restitution is notified to the owner of the items in question; and the items are declared forfeited to the State by the judge if they are not collected within 60 days of notification.

4.The public prosecutor shall be heard before the decision referred to in sub-article 173.3 is issued.