Rassemblement d’éléments de preuve –procédures nationales

Géorgie

Georgia - Criminal Procedure Code 1998 (2022) EN

Article 119 – Purpose and grounds for search and seizure
1. If there is a probable cause, a search shall be conducted for the purpose of uncovering and seizing an item, a document, substance or any other object containing information that is essential to the case.
2. A search may also be conducted to find a wanted person or a corpse.
3. An item, a document, substance or any other object containing information that is essential to the case may be seized if there is probable cause that it is kept in a certain place, with a certain person and if there is no need to search for it.
4. A search to seize an item, a document, substance or any other object containing information that is essential to the case may be conducted if there is probable cause that it is kept in a certain place, with a certain person and if search is necessary to discover it.

Article 120 – Procedure for seizure and search
1. Based on a court ruling authorising search or seizure or, in the case of urgent necessity, based on a decree of an investigator, an investigator may enter a storage facility, a dwelling place, a storage room or other property to locate and seize an item, a document, substance or any other object containing information.
2. Before starting a seizure or search, an investigator shall be obliged to present a court order, or in the case of urgent necessity, a decree, to a person subjected to the seizure or search. The presentation of the ruling (decree) shall be confirmed by the signature of the person subject to search.
3. An investigator may forbid the persons who are present or who arrive at the place of search, to leave the place, to interact with each other or with any other person before the search is completed, which shall be recorded in the appropriate record.
4. After a ruling, or in the case of urgent necessity, a decree, is presented, an investigator shall offer the person subject to search, to voluntarily turn over an item, a document, substance or any other object containing information that is subject to seizure. If an object that is subject to seizure is voluntarily provided, that fact shall be recorded in the relevant record. In the case of refusal to voluntarily turn over the requested object, or in the case of its incomplete provision, it shall be seized by coercion.
5. During a search, an item, a document, substance or any other object containing information that is referred to in a ruling or decree shall be searched for and seized. Also, all other objects containing information that may be of an evidentiary value for that case, or that clearly indicates another crime, as well as an item, a document, substance or any other object containing information that has been withdrawn from civil circulation.
6. An item, a document, substance or any other object containing information that has been detected during a search or seizure, shall, if possible, be presented, before its seizure, to persons participating in that investigative action. Then, it shall be seized, described in detail, sealed and, if possible, packaged. On the packaged item, in addition to a seal, the date and signatures of the persons who participated in the investigative action shall be indicated. A document that is seized due to its contents, shall not be sealed.
7. During a search or seizure, an investigator may open a closed storage facility, dwelling place and premises, if the person subject to search refuses to voluntarily open them.
8. A person present at the place of search and/or seizure may be personally searched if there is a probable cause that he/she has concealed an item, a document, subject or any other object that is subject to seizure. Such case shall be considered an urgent necessity and a personal search shall be conducted without a court ruling. The lawfulness of the search and/or seizure shall be examined by the court in the manner provided for by this Code.
9. A search or seizure of a legal person or in a building of an administrative body shall be conducted in the presence of its head or representative.
10. The prosecution shall have a right to initial investigation of items, documents, things, substances, or any other objects containing information, which have been obtained at the request of the defence, in the manner prescribed by this Code.

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 :

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 ;