PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 77
Measures to Identify a Suspect
1. The police may photograph a person and take his fingerprints, if there is a reasonable
suspicion that he has committed a criminal offense.
2. The state prosecutor may authorize the police to release the photograph of the suspect for
general publication, when this is necessary to establish the identity of a suspect or in other
cases of importance for the effective conduct of proceedings.
3. If it is necessary to identify whose fingerprints have been found on an object, police may take
the fingerprints of persons likely to have come into contact with such objects.
4. Police may with the assistance of a qualified physician or nurse or in exigent circumstances
on their own collect the samples referred to in Article 141, 142 or 143 of this Code from a
suspect if it is urgent. The state prosecutor shall be informed immediately of the collection of
such samples.
5. Police may request a suspect to take an alcohol test by providing urine or breath samples,
and the refusal of the suspect to provide such samples constitutes admissible evidence. The
suspect shall be notified of this in advance. Neither sample shall be taken by compulsion without
a court order.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB–CHAPTER II INITIAL STEPS BY THE POLICE
Article 77
Measures to Identify a Suspect
1. The police may photograph a person and take his fingerprints, if there is a reasonable
suspicion that he has committed a criminal offense.
2. The state prosecutor may authorize the police to release the photograph of the suspect for
general publication, when this is necessary to establish the identity of a suspect or in other
cases of importance for the effective conduct of proceedings.
3. If it is necessary to identify whose fingerprints have been found on an object, police may take
the fingerprints of persons likely to have come into contact with such objects.
4. Police may with the assistance of a qualified physician or nurse or in exigent circumstances
on their own collect the samples referred to in Article 141, 142 or 143 of this Code from a
suspect if it is urgent. The state prosecutor shall be informed immediately of the collection of
such samples.
5. Police may request a suspect to take an alcohol test by providing urine or breath samples,
and the refusal of the suspect to provide such samples constitutes admissible evidence. The
suspect shall be notified of this in advance. Neither sample shall be taken by compulsion without
a court order.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
C. TAKING PRE-INDICTMENT EVIDENCE
Article 116
Identification of Persons or Items
1. Where there is a need to establish whether a witness can recognize a person or an object,
such witness shall first be asked to provide a description of and indicate the distinctive features
of such person or item.
2. The witness shall then be shown the person with other persons unknown to the witness, or
their photographs, or the object with other objects of the same kind, or their photographs. The
other persons must have similar appearance and similar facial features and in the case of a
photographic array all photos must have the same format, the same background and all the
persons should have similar appearance and similar facial features.
3. The witness shall be instructed that he is under no obligation to select any person or item or
photograph, and that it is just as important to state that he does not recognize a person, item or
photograph as to state that he does.
4. A record shall be kept of the description obtained under paragraph 1. of this Article, the time
and date of that description, and those present when the description was given. A record shall
also be kept of the identification made under paragraph 2. of this Article, including the time and
date of that identification and photographs of those other persons or objects.
5. The identification of a person or item under this Article may be overseen by the police or by
the state prosecutor. The record made under paragraph 3. of this Article shall be entered into
the case file.
PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
E. REVIEW, SUSPENSION, TERMINATION AND TIME LIMITS OF INVESTIGATIONS
Article 155
Suspension of Investigation
1. The state prosecutor may render a ruling to suspend the investigation if the defendant,
after committing a criminal offense, has become afflicted with a temporary mental disorder
or disability or some other serious disease, if he has fled, a request for international legal
assistance has been made, or if there are other objective circumstances pertaining to the
conduct of the investigation which temporarily prevent successful prosecution of the defendant.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;