Section 179. Searches

(1) A search is an investigative action whose content is the search by force of premises, terrain, vehicles, and individual persons for the purpose of finding and removing the object being sought, if there are reasonable grounds to believe that the object being sought is located in the site of the search.

(2) A search shall be conducted for the purpose of finding objects, documents, corpses, or persons being sought that are significant in criminal proceedings.

Section 182. Procedures for Conducting a Search

(1) A performer of an investigative action, together with the persons present during the investigative action, is entitled to enter into the premises or geographical territory indicated in a decision on a search in order to find the objects, documents, corpse, or person being sought mentioned in the decision. Guarding of the location of a search may be organised, if necessary.

(2) In commencing a search, the performer of the investigative action shall issue a copy of the decision on a search to the person at whose site the search is taking place. Such person shall sign regarding such decision. Then the performer of the investigative action shall summon such person to voluntarily issue the object being sought.

(3) If the person by whom a search is taking place refuses to open up the premises or storage facilities located at the site of the search, the performer of the investigative action is entitled to open such premises or storage facilities without causing unnecessary damage.

(4) Persons located at the site of a search may be prohibited from leaving such site, moving, or talking among themselves until the end of the investigative action. If such persons impede the conducting of the search with the actions thereof, such persons may be transported to other premises.

(5) A search of premises or a geographical territory may also include a search of the vehicles and persons located therein. A search of a vehicle may also include a search of the persons located therein. If necessary, a search of a person may be conducted at the beginning and at the end of a search of premises, a geographical territory, or a vehicle.

(6) During a search, the objects and documents referred to in a decision, as well as other objects and documents that may be significant in the case, shall be removed. If things that are prohibited from being kept, as well as things (objects, documents) the nature, identification signs of which or traces present on such things indicate to connection with another criminal offence, are found during a search, such things shall be removed, indicating the reason for such action in the minutes.

(7) If a victim or witness present at a search recognises one of the found objects, such finding shall be indicated in the minutes.

(8) All objects found and removed in a search shall be presented to the persons present, described in the minutes, and, if possible, packaged and sealed.

(9) If the person directing the proceedings has assigned an expert or auditor present at a search to remove the objects found during the search and to perform the necessary expert examination or audit, the minutes of the search shall indicate such objects, the location and identifying features thereof, the fact of withdrawal, and the expert examination institution or auditor under the liability of which the removed objects have been transferred.

(10) After completion of a search, the location of the search shall be returned, insofar as possible, to the previous state thereof.