PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
B. SEARCH AND CONFISCATION
Article 103
Search and Temporary Sequestration of Evidence and Specified Property Detailed in
the Court Order
2. Upon a court order of the pretrial judge, issued following a written application by the state
prosecutor, the police may search a residence, person, or other property and temporarily
sequester evidence or specified property.

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 148
Site Inspection and Reconstruction
1. The state prosecutor can order a site inspection or a reconstruction to examine the evidence
collected or to clarify facts that are important for criminal proceedings.
2. Such site inspection or reconstruction shall be conducted by the state prosecutor or by the
police. The state prosecutor and police may conduct such site inspection or reconstruction for
their own knowledge to assist in their determination of credibility or fact-finding, but in such
case, unless paragraph 3. of this Article is complied with, the results are inadmissible in court.
The state prosecutor may repeat such site inspection or reconstruction with notice as required
by the present Article. If so, the results shall then be admissible.
3. The state prosecutor shall provide notice of the site inspection and reconstruction to the
suspect, defendant and his defense counsel, if they are known. The defense counsel has the
right to be present at the site inspection or reconstruction.
4. A reconstruction shall be conducted by recreating facts or situations under the circumstances
in which on the basis of the evidence taken the event had occurred. If facts or situations are
presented differently in testimonies of individual witnesses, the reconstruction of the event shall
as a rule be carried out with each of the witnesses separately.
5. In reconstructing an event care must be taken not to violate law and order, offend public
morals or endanger the lives or health of people.
6. In conducting a site inspection or a reconstruction, the assistance of specialists in forensic
science, traffic and other fields of expertise may be obtained to protect or describe the evidence,
make the necessary measurements and recordings, draw sketches or gather other information.
The provisions of this Article do not prejudice the power of the police to take initial steps to gather
information, make measurements, recordings, draw sketches or collect forensic evidence under
Articles 70 - 78 of this Code.
7. The pretrial judge may order a minimal site inspection or reconstruction to confirm the findings
in a report under this paragraph. The pretrial judge must order that the report be admissible.
8. An expert witness may also be invited to attend a site inspection or reconstruction, if his
presence is considered of service by the state prosecutor or the court.
9. After the filing of the indictment, the single trial judge or presiding trial judge may order a
site reconstruction only if necessary to truthfully and completely establish the facts which are
important to the case.