download
download
download
- No tags were found...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
(1) Searches of the abode and other premises of accused persons or other persons maybe conducted only where it is probable that the search will lead to the capture of theaccused person or the detection of evidence of a criminal offence or objects ofimportance for criminal proceedings.(2) A search of a law office may be conducted only in respect of a certain object, file ordocument.(3) Searches of persons may be conducted where it is probable that the search will leadto the detection of evidence or objects of importance for criminal proceedings.Article 78(1) Searches shall be ordered by a court by way of a written and substantiated searchwarrant.(2) Search warrants shall be served before the commencement of the search to thepersons whose premises or whose persons will be searched. Before the search, theperson to whom the search warrant relates shall be called to surrender voluntarily theperson or objects being searched for. That person shall be instructed that he or she isentitled to have a lawyer or defence counsel present at the search. Where the person towhom the search warrant relates requests the presence of a lawyer or defence counsel,the commencement of the search shall be postponed until their arrival, but by no morethan three hours.(3) Searches may be commenced without the service of a search warrant or issuance ofa call to a person to surrender persons or things, or the instruction on the right to alawyer or defence counsel, where armed resistance or other form of violence isexpected, or where it is obvious that preparations have begun for or the destruction hasbegun of evidence of the criminal offence or objects of importance for the criminalproceedings.(4) Searches are as a rule conducted in the daytime. Searches may also be conductedat night, if so ordered in the search warrant, as well as when a search was begun in thedaytime and was not completed by nightfall, or where there exist the grounds specifiedin Article 81 paragraph 1 of this Code.Article 79(1) The holder of an abode or other premises shall be invited to attend the search, and ifnot present, his representative, or an adult member of the household or an adultneighbour.(2) Locked premises, furniture or other objects shall be opened by force only where theirholder is not present or refuses to open them of his own free will. In opening theforegoing efforts shall be made to avoid unnecessary damage.(3) Searches of abode or persons shall be attended by two adults as witnesses. Theperson performing the search and the witnesses present at the scene shall be of the