Rassemblement d’éléments de preuve –procédures nationales

Lettonie

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 159. Inspection

(1) An inspection is an investigative action during the course of which the performer of the investigative action directly detects, determines, and records the features of an object, if the possibility exists that such object is related to the criminal offence being investigated.

(2) In order to find traces of a criminal offence, and to ascertain other significant conditions, a visual inspection may be performed of the site of the event, the terrain, the premises, vehicle, item, document, corpse, animal, or another object.

Section 160. General Provisions of an Inspection

(6) An inspection of automated data processing system (a part thereof) shall not be usually performed on site, but such system (a part thereof) shall be remove, ensuring retaining of data completeness in unmodified condition.

Section 162. Inspection of the Location of an Event

(1) An inspection of the location of an event is an inspection of a specific place and the objects located therein, if such inspection is performed after receipt of information regarding a committed criminal offence, and if there are sufficient grounds for thinking that a criminal offence has taken place or is continuing to take place in such location.

(2) If an inspection of the location of an event has been performed incompletely, and doubts or additional questions have arisen, an additional inspection of the location of the event may be performed. If essential violations of procedural order have been allowed for in an inspection of the location of an event, a repeated inspection of the location of the event may be performed. An additional or repeated inspection of the location of an event shall be performed in conformity with the provisions of Section 163 of this Law.

(3) During the course of an inspection of the location of an event, the performer of the investigative action may remove documents and objects with traces of a criminal offence. Objects and documents, the circulation of which is prohibited by law, shall be removed regardless of the connection of such objects or documents with the specific criminal proceedings. The removal of objects and documents shall be a component of an inspection of the location of an event.

Section 179. Searches

(1) A search is an investigative action whose content is the search by force of premises, terrain, vehicles, and individual persons for the purpose of finding and removing the object being sought, if there are reasonable grounds to believe that the object being sought is located in the site of the search.

(2) A search shall be conducted for the purpose of finding objects, documents, corpses, or persons being sought that are significant in criminal proceedings.

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 ;