Part Two. Pre-Trial Proceedings

Section VIII. Preliminary Inquisition

Chapter 25. Search. Seizure. Putting the Postal and Telegraph Messages under Arrest. Monitoring and Recording of Discussions

Article 182. Grounds and Procedure for Making a Search

1. Seen as a ground for making a search shall be the existence of sufficient data to believe that such and such person may keep in such and such place the instruments of crime, objects, documents and valuables which may prove to be of importance to the criminal case.

2. The search shall be performed on the ground of an investigator's resolution.

3. A search in the living quarters shall be effected on the ground of a court decision to be adopted in accordance with the procedure, laid down by Article 165 of the present Code.

4. Before the start of the search, the investigator shall present the resolution on its performance, and in the cases stipulated by the third part of the present Article - the court decision, permitting to make such.

5. Before the start of the search, the investigator shall suggest that the objects, the documents and the valuables, subject to the seizure, which may prove of importance for the criminal case, be given out voluntarily. If these are given out voluntarily and there are no grounds for an apprehension that they may be concealed, the investigator shall have the right not to perform the search.

6. When making a search, any premises may be forced into, if the owner refuses to open them voluntarily. In this case, no unnecessary damage shall be done to the property.

7. The investigator shall take measures to prevent laying bare the circumstances of the private life of the person, in whose living quarters the search was performed, his private and/or family secrets, as well as the circumstances of the private lives of other persons exposed during the search.

8. The investigator shall have the right to prohibit the persons present at the place where the search is carried out, to leave this place and to communicate with one another or with the other persons untill the end of the search.

9. While carrying out the search, the objects and the documents which not allowed for possession shall be seized by all means.

10. The seized objects, documents and valuables shall be presented to the attesting witnesses and to the other persons, present at the search, and if necessary, shall be packed and sealed at the scene of the search, which shall be certified with the signatures of the above-said persons.

11. When a search is performed the person whose premises are subjected to it or adult members of the family thereof shall take part. When a search is performed a counsel for the defence and also a lawyer of the person whose premises are subjected to it are entitled to be in attendance.

12. When making a search, a protocol shall be compiled in conformity with Articles 166 and 167 of the present Code.

13. In the protocol shall be pointed out, in what place and under what circumstances the objects, the documents or the valuables were revealed, and whether they were issued of a free will or seized under coercion. All the seized objects, documents and valuables shall be listed, with a precise indication of their quantity, weight, individual features and, if possible, their cost.

14. If during the search attempts were made to destroy or concealthe objects, documents and valuables, subject to seizure, the corresponding entry to this effect shall be made in the protocol with an indication of the taken measures.

15. A copy of the protocol shall be handed in to the person, in whose living quarters the search was made, or to an adult member of his family. If the search was carried out in the premises of an organization, a copy of the protocol shall be handed in against his signature to a representative of the administration of the corresponding organization.

16. The search may also be aimed at finding the wanted persons and the corpses.

Article 183. Grounds and Procedure for Making a Seizure

1. If it is necessary to seize certain objects and documents of importance for the criminal case, and if it is known exactly where they are and who is keeping them, their seizure shall be performed.

2. The seizure shall be carried out in accordance with the order established by Article 182 of the present Code, with the exceptions stipulated by the present Article.

3. The seizure of objects and documents which contain state secrets or other kinds of secrets protected by federal law, shall be made by the investigator with the sanction of the public prosecutor.

4. The seizure of the documents, containing information on the deposits and the accounts of the citizens in the banks and in the other credit institutions, shall be effected on the ground of the court decision to be adopted in accordance with the procedure established by Article 165 of the present Code.

5. Before the start of the seizure, the investigator shall suggest that the objects and the documents, subject to the seizure, be given out voluntarily, and if the refusal follows, he shall make the seizure under coercion.


Article 184. Personal Search

1. If there are grounds for this, and in the procedure envisaged by the first and third parts of Article 182 of the present Code, a personal search of the suspect or of the accused shall be carried out to reveal and seize the objects and the documents which may prove to be of importance for the criminal case.

2. A personal search may be carried out in the absence of the corresponding resolution at the person's detention or putting into custody, and also if there are sufficient grounds to believe that the person, present at the premises or in another place where the search is being made, conceals on himself the objects or the documents, which may prove to be of importance to the criminal case.

3. The personal search of a person may be effected only by a person of the same sex and in the presence of the attesting witnesses and the specialists of the same sex, if they are taking part in the given investigative action .