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.
criminal sanction would not be fair. In this case the provisions of Article 61 of this Codeshall not be applied.Article 238(1) Before the institution of an investigation, the internal affairs authorities may also seizeobjects pursuant to the provisions of Article 82 of this Code, where there is a danger ofdeferrals, and search the abodes and persons under the conditions specified in Article81 of this Code.(2) Internal affairs authorities are required to promptly return any objects they seized totheir owners or holders, in case criminal proceedings are not initiated, or if within threemonths they do not submit a criminal complaint to the competent public prosecutor.(3) For criminal offences punishable with terms of imprisonment of up to ten years, theinternal affairs authorities may conduct the crime scene inspection and order forensicactivities which may not be delayed, except for autopsies and exhumations of cadavers,if the investigating judge is not able to appear on the scene promptly. Where theinvestigating judge arrives during the crime scene inspection, he may take over themanagement of the activities.(4) The internal affairs authorities or the investigating judge shall promptly notify thepublic prosecutor about the actions referred to in paragraphs 1 to 3 of this Article.Article 239(1) Where the identity of the perpetrator of the criminal offence is not known, the publicprosecutor may propose that the investigating judge perform specific investigatoryactions, if under the circumstances of the case it is necessary or opportune to performthem before initiating an investigation. Where the investigating judge opposes theproposal, he shall ask the chamber (Article 24 paragraph 6) to rule on the matter.(2) Records of all investigatory actions performed shall be submitted to the publicprosecutor.Article 240(1) The investigating judge of the competent court, as well as the investigating judge of acourt of lower instance in whose territory of jurisdiction the criminal offence wascommitted, may before issuing a ruling on the conduct of an investigation performcertain investigatory actions for which there exists a danger of deferrals, but in case shallnotify the competent public prosecutor of everything that was done.(2) The investigatory actions being performed pursuant to paragraph 1 of this Article maybe attended by the public prosecutor acting before the respective court.(3) In respect of issuing summons to the defendant, his defence and interrogation,provisions on issuing summons to, the defence and interrogation of the defendant shallbe applicable.