Article 139

A record is obtained ex officio or on a motion of the parties by the authority conducting proceedings, or is submitted by the parties, as a rule in its original form.

If a person or state institution refuses to voluntarily surrender a record at the request of the authority of proceedings, actions will be taken in accordance with the provisions of Article 147 of this Code. If the original of a record has been destroyed, has disappeared or cannot be acquired, a copy of the instrument may be obtained.

Article 140

With the aim of establishing facts in the proceedings, impressions of papillary lines and body parts, buccal (cheek) swabs and personal data may be taken, a personal description made, and a photograph taken (forensic registration of the suspect) of a suspect even without his consent

When necessary for the purpose of establishing identity or in other cases of interest to the successful conduct of proceedings, the court may allow a suspect’s photograph to be made public.

In order to eliminate suspicion about being connected with a criminal offence, impressions of papillary lines and body parts and mouth swabs may be taken from an injured party or other person found at a crime scene even without their consent.

The action referred to in paragraphs 1 and 3 of this Article is performed by a professional acting under an order of the public prosecutor or the court.

Obtaining Samples of Biological Origin
Article 141

The obtaining of samples of biological origin and performance of other medical actions which are under the rules of the medical profession required for the purpose of analysing and establishing facts in proceedings may be conducted even without the consent of the defendant, except if it would cause harm to his health in some way.

If it is necessary to establish the existence of a trace or consequence of a criminal offence on another person, the obtaining of samples of biological origin and performance of other medical actions in accordance with paragraph 1 of this Article may be conducted even without the consent of the person, except if it would cause harm to his health in some way.

A voice or handwriting sample may be taken from a defendant, injured party, witness or other person for the purpose of establishing facts in proceedings for the purpose of making comparisons.

The actions referred to in paragraphs 1 and 2 of this Article are performed by a health­care professional, acting on an order of the public prosecutor or the court.

The person referred to in paragraph 3 of this Article who without a lawful reason (Article 68 paragraph 1 item 2), Article 93, Article 94 paragraph 1 and Article 95 paragraph 2) refuses to provide a voice or handwriting sample may be fined by the court by a fine of up to 150,000 dinars.

An appeal against the ruling pronouncing a fine is decided on by the panel. An appeal does not stay execution of the ruling.

Article 147

The authority conducting proceedings will seize objects which must be seized under the Criminal Code or which may serve as evidence in criminal proceedings and secure their safekeeping.

The decision on the seizure of funds which are the object of a suspicious transaction (Article 145) and their placement in a special account for safekeeping is issued by the court.

Among the objects referred to in paragraph 1 of this Article are automatic data processing equipment and devices and equipment on which electronic records are kept or may be kept.

Article 150

A certificate is issued to a person from whom objects are seized in which they will be described, the locations where they were found indicated, data on the person from whom the objects are being sized given, and the capacity and signature of the person conducting the action given.

Documents which may serve as evidence will be listed, and if that is not possible, the documents will be placed under a cover and sealed. The owner of the documents may place his seal on the cover.

The person from whom the documents were seized will be summoned to attend the opening of the cover. If he does not respond or is absent, the authority conducting proceedings will open the cover, inspect the documents and make a list of them. In the inspection of documents care must be taken for unauthorised persons not to be allowed to learn their content.

Article 152
A search of a dwelling or other premises or a person may be performed if it is probable that the search will result in finding the defendant, traces of the criminal offence or objects of importance for the proceedings.

A search of a dwelling or other premises or a person is performed on the basis of a court order or exceptionally without an order, on the basis of a legal authorisation.

The search of automatic data processing devices and equipment on which electronic records are kept or may be kept is undertaken under a court order and, if necessary, with the assistance of an expert.

Seizure of Objects and Documents
Article 153

During a search, objects and documents connected to the purpose of the search will be

seized.

If during a search objects are found which are not connected to the criminal offence for which the search was undertaken, but which indicate another criminal offence prosecutable ex officio, they will be described in the record and seized, and a receipt on the seizure will be issued immediately.

If the search was not undertaken or attended by the public prosecutor, the authority which performed the search will notify the public prosecutor thereof immediately.

If the public prosecutor finds that there are no grounds to initiate criminal proceedings or if the reasons for which the objects were seized cease to exist, and the reasons for their confiscation do not exist (Article 535), the objects will immediately be returned to the person from whom they were seized.


b) Search Based on an Order
Search Order
Article 155

A search is ordered by the court, acting on a reasoned request by the public prosecutor. The search order contains the following:

the title of the court which ordered the search;

designation of the subject-matter of the search;

the reason for the search;

the name of the authority which will perform the search;

other data of importance for the search.

The search referred to in paragraph 1 of this Article will commence no more than eight days from the date of issuance of the order. If it does not commence in the foresaid time limit, the search cannot be performed and the order will be returned to the court.

Preconditions for a Search
Article 156

After serving the search order, the holder of a dwelling and other premises or person who will be searched is asked to voluntarily surrender the person, or objects which are being sought.

The holder or person referred to in paragraph 1 of this Article will be advised of the right to retain a lawyer, or defence counsel, who may attend the search. If the holder or the person referred to in paragraph 1 of this Article requests the presence of a lawyer or defence counsel, the commencement of the search will be postponed until his arrival, but by no more than three hours.

A search may be performed even without the service of the search order, and without an invitation for a person or object to be surrendered and the advice on the right to a defence counsel or lawyer, if armed resistance or other form of violence is expected, or if there is obvious preparation for or commencement of the destruction of traces of a criminal offence or objects of importance for the proceedings, or if the holder of a dwelling or other premises is inaccessible.

The holder of a dwelling and other premises will be summoned to attend the search, and if he is absent, an adult member of his household or another person will be called to attend the search on his behalf.

When military facilities, premises or state institutions, enterprises or other legal persons are searched, their managing official or person he designates will be summoned to attend the search. If the person summoned does not appear within three hours of receiving the summons, the search may be performed without his presence.

When a lawyer’s office or an apartment in which an attorney lives is searched, a lawyer appointed by the president of the competent bar association will be summoned. If the lawyer appointed by the president of the bar association does not appear within three hours, the search may be performed without his presence.

The search is attended by two citizens of adult age as witnesses who will before the commencement of the search be advised to observe the course of the search, and that they are entitled before they sign the record of the search to enter their objections on the veracity of the

Article 289

When the police collect information from a person for whom there exist grounds for suspicion that he is the perpetrator of a criminal offence, or undertake towards that person actions in the pre-investigation proceedings stipulated by his Code, they may summon him only in the capacity of a suspect. The suspect will be advised in the summons that he is entitled to obtain a defence counsel.

If during collection of information the police find that the citizen summoned may be deemed a suspect, they are required to advise him immediately of the rights referred to in Article 68 paragraph 1 items 1) and 2) of this Code and of the right to obtain a defence counsel who will attend his questioning.

The police will notify the competent public prosecutor without delay about acting within the meaning of the provisions of paragraphs 1 and 2 of this Article. The public prosecutor may conduct the suspect’s questioning, attend the questioning or assign the questioning to the police.

If the suspect agrees to make a statement, the authority conducting the questioning will act in accordance with the provisions of this Code relating to the questioning of a defendant provided that the consent of the suspect to be questioned and his statement during the questioning are given in the presence of his defence counsel. The transcript of this questioning is not excluded from the files and may be used as evidence in criminal proceedings.

If the public prosecutor is not present at the questioning of a suspect, the police will deliver to him without delay the transcript of the questioning.

Holding Persons at a Crime Scene