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Code of Judicial Procedure

(1942:740)

Ds 1998:65

(excerpts)

Chapter 27

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Article 18

Secret wiretapping is the covert monitoring or recording by technical means of telecommunications, conveyed to or from a telephone number, a code or other telecommunications address, for reproduction of the content of the message.

Secret wiretapping may be used in the preliminary investigation of:

1. offences in respect of which a less severe penalty than imprisonment for two years is not prescribed for the offence; or

2. attempt, preparation, or conspiracy to commit such an offence if such act is subject to punishment. (SFS 1995:1230)

Article 19

Secret tele-surveillance means the covert reporting of telecommunications conveyed to or from a certain telecommunications dispatched or ordered to or from a certain telecommunications address or that such a message is prevented from reaching its destination.

Secret tele-surveillance may be used in the preliminary investigation of:

1. offences in respect of which a less severe sentence than six months imprisonment is not prescribed;

2. offences in violation of the Penal Law on Narcotics (1968:64), Section 1, or narcotics offences in  violation of the Law on Penalties for the Smuggling of Goods (1960:418), Section 1; or

3. attempt, preparation, or conspiracy to commit an offence in respect of which a less severe sentence than imprisonment for at least two years is prescribed. (SFS 1995:1230)

Chapter 28

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Article 13

The applicable provisions in Sections 3a, 4, 8, and 9, governing search of premises, shall apply to body searches and body examinations. A body search or body examination may be decided by a police officer if delay entails risk.

A more extensive search or examination shall be performed indoors and in private. If it is performed by anyone other than a physician, a reliable witness commissioned by the officer conducting it shall be present whenever possible. Only a physician or an accredited nurse may draw a blood sample. Only a physician may perform a more extensive examination.

Only a female, a physician, or an accredited nurse may perform or witness a body search or a body examination performed on a female. However, a body search only involving the examination of something a woman has with her and body examination which only involves taking blood samples alcohol breath test may be executed and witnessed by a man. (SFS 1995:491)

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Chapter 36

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Article 18

If there is ground to believe that, in the presence of a party or any listener, a witness does not tell the truth openly through fear or any other cause, or if a party or a listener hinders the witness from testifying by interrupting the witness or otherwise, the court may order the party or listener to be excluded from the courtroom during the examination.

A testimony delivered pursuant to the first paragraph in the absence of a party shall be read to the extent necessary when the party is present again. The party shall be afforded an opportunity to put questions to the witness. (SFS 1987:747)