PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
B. SEARCH AND CONFISCATION
Article 108
Grounds for Searches and Temporary Sequestration without Court Order
1.The police may conduct a search of a person, residence or other property and temporarily
sequestrate evidence of a criminal offense and any specified property without an order of the
pretrial judge if:
1.1. the person subject to be searched or the person who is the owner or otherwise who
has the authority to consent to a search of the residence or other property, knowingly and
voluntarily consents to the search;
1.2. a person is calling for help;
1.3. a perpetrator caught in the act of committing a criminal offense is to be arrested after
a pursuit;
1.4. to protect persons or property from serious risk or harm;
1.5. to prevent the imminent disposition, destruction or loss of evidence, or specified
property; or
1.6. a person against whom an order for arrest has been issued by the court is to be
found in the residence or other property.
2. If the police have conducted a search without a written court order, they shall send a report
to that effect to the state prosecutor no later than forty-eight (48) hours after the execution of
the search.
3. The state prosecutor shall, within seventy-two (72) hours after the execution of the search,
apply to the court in order to obtain retroactive approval of the court for the search and temporary
sequestration.
4. If the search and temporary sequestration are retroactively approved by the court:
4.1. temporarily sequestrated evidence shall be dealt with thereafter in accordance with
Article 110 of this Code;
4.2. within seven (7) days of the retroactive approval by the court, temporarily sequestrated
specified property shall be subject to an application by the state prosecutor for a final
restraint order pursuant to Article 261 of this Code.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER IX INITIATION OF INVESTIGATIONS AND CRIMINAL PROCEEDINGS
SUB – CHAPTER IV INITIATION OF CRIMINAL PROCEEDINGS
B. SEARCH AND CONFISCATION
Article 110
Temporary Sequestration
1. Pursuant to a court order under Article 103 of this Code, or a search pursuant to Article 107
or 108 of this Code, the police may temporarily sequestrate evidence and specified property.
2. Specified property may also be temporarily sequestrated pursuant to a temporary restraint
order issued by the state prosecutor under Article 260, paragraph 4. of this Code.
3. Temporarily sequestrated evidence shall be dealt with in accordance with this Article.
4. Temporarily sequestrated specified property shall be subject to an application by the state
prosecutor for a final restraint order under Article 261 of this Code, or dealt with according to
paragraph 13. and paragraph 18. of this Article.
5. When evidence, or specified property is temporarily sequestered, an indication shall be given
of where they were found and they shall be described. If necessary, the verification of their
identity shall be secured in some other way. A receipt shall be issued for the objects taken.
6. Evidence that is temporarily sequestrated shall be photographed and maintained in appropriate
containers or transparent plastic bags and the authorized police and state prosecutor shall
maintain the photographic record and a record of the chain of custody for each object or set of
documents.
7. Weapons, automobiles, airplanes or other large objects that are temporarily sequestrated
shall be photographed and maintained in appropriate secure areas and the authorized police
and state prosecutor shall maintain the photographic record and a record of the chain of custody
for each object or set of documents.
8. Buildings or immovable property that are temporarily sequestrated shall have notices placed
on the building or immovable property that advise the public that the property is subject to
temporary sequestration, that trespassing is not allowed, and that trespassers may be subject
to arrest.
9. Monetary bills or coins that are temporarily sequestrated shall be photographed and
maintained in a safe and the authorized police and state prosecutor shall both maintain the
photographic record and a record of the chain of custody of the monetary bills or coins.
10. Money held in a bank account that is temporarily sequestrated shall be maintained in a bank
account subject to the authority of the court.
11. Specified property that has been temporarily sequestered shall be appropriately maintained
by the police to preserve its identification and value as set forth in this Article, until issuance of
a court order of restraint.
12. Any evidence, subject to temporary sequestration, can be deemed to be specified property
subject to confiscation by the state prosecutor identifying the item as such in the indictment or
in the notification pursuant to Article 278, paragraph 5. of this Code.
13. Evidence and specified property that have not been so designated for confiscation by the
state prosecutor in the indictment or in the notification pursuant to Article 278, paragraph 5. of
this Code and is not otherwise an item set forth in Article 276 of this Code, will be returned to
the owner at the conclusion of all proceedings or the expiration of the statute of limitations for
any applicable criminal offenses, whichever is later.
14. If the owner cannot be identified, such evidence will be disposed of pursuant to Article 114
of this Code.
15. A state prosecutor can also identify specified property which has been designated to be
confiscated in the indictment or in the notification pursuant to Article 278, paragraph 5. of this
Code as evidence to be used in the criminal proceedings. The court shall admit such items
when otherwise admissible, to be used in the criminal proceedings. The state prosecutor shall
apply for a restraint order of such property. If the application for a final restraint order is granted,
the Agency for the Management of Sequestrated and Confiscated Assets shall be responsible
for managing this property in accordance with the Law on the Management of Sequestrated
and Confiscated Assets. The temporary measures for securing this property provided for in sub-
paragraphs 3.5. and 5.1. - 5.3. of Article 262 of this Code or other measures leading to losing
possession of it can only be implemented if the evidentiary value of such property in trial may
be maintained through, inter alia, preserving samples, taking photographs or producing certified
copies.
16. Evidence, and specified property that are temporarily sequestered or subject to a temporary
or final restraint order are under the supervision and control of the state prosecutor. The state
prosecutor may delegate the custody and control of evidence to an authorized police officer to
maintain pursuant to this Code and delegate the custody and control of specified property to
the Agency for the Management of Sequestered and Confiscated Assets to maintain pursuant
to the Law on the Management of Sequestered and Confiscated Assets.
17. If the person or entity who maintains supervision of the evidence, or specified property
that is subject to an order by the court refuses to deliver the evidence, or specified property
instrumentality, or material benefit to the authorized police officer responsible for executing the
order, that person or entity shall be subject to prosecution for Obstruction of Evidence or Official
Proceedings under Article 386 of the Criminal Code and may be fined by the pretrial judge of
up to fifty percent (50%) of the value of the evidence, or specified property. The person or entity
subject to such a fine may appeal the fine within seven (7) days from its imposition or may
negate the fine by complying with the temporary restraint order immediately but no later than
seven (7) days from the moment the decision to impose the fine becomes final.
18. Except for items identified in Article 276 of this Code, any temporarily sequestrated evidence,
or specified property that is not the subject of a request for confiscation or a final restraint
order, will be returned to the owner immediately but in no event later than the conclusion of all
proceedings or the expiration of the statute of limitations for any applicable criminal offenses,
whichever is later. If the owner cannot be identified, such evidence will be disposed of pursuant
to Article 114 of this Code. Any items set forth in Article 276 of this Code are automatically
confiscated without identifying the items in any request or indictment or by any action on the
part of the prosecution.
Article 111
Items not Subject to Temporary Sequestration
1. The following items shall not be subject to temporary sequestration:
1.1. written communications between the defendant and persons who, according to the
present Code, may not testify under Article 123 of this Code, or are exempted from the
duty to testify and have refused to do so in accordance with Article 124 of this Code;
1.2. notes by persons under Article 123 of this Code concerning confidential information
entrusted to them by the defendant; and
1.3. other items covered by the rights of the persons referred to in Articles 123 and 124
of this Code.
2. These restrictions shall apply only if these objects are in the custody of a person who cannot
testify under Article 123 of this Code or is exempted from the duty to testify and has refused
to do so under Article 124 of this Code. Objects covered by the rights of persons referred
to in Article 124 paragraph 1., sub-paragraph 1.5. of this Code shall also not be subject to
sequestration if they are in the custody of a hospital or other medical institution. The restrictions
shall not apply to persons who may not testify under Article 123 of this Code or are exempted
from the duty to testify and have refused to do so under Article 124 of this Code, if such persons
are suspected of incitement or complicity or obstruction of justice or receiving stolen goods or
where the objects concerned have been obtained by a criminal offense or have been used or
are intended for use in perpetrating a criminal offense or where they emanate from a criminal
offense.

PART TWO CRIMINAL PROCEEDINGS
CHAPTER XVIII RESTRAINT OF PROPERTY SUBJECT TO CONFISCATION
Article 269
Confiscation
1. Following the conviction of a defendant for a criminal offense, the court confiscates all specified
property detailed in the indictment or in the notification pursuant to Article 278 paragraph 5 of
this Code.
2. If any specified property, in whole or in part, is not available to be confiscated for any reason,
the court determines the monetary value of such specified property and complies with the
provisions of Article 273 of this Code.
3. The monetary value of the specified property is the greater value as determined either at the
time of conviction or when first obtained by the defendant or third party.