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Criminal Procedure Code of the FRY

28.03.2002

(excerpts)

Chapter VII

Evidentiary Actions

Search of Dwellings and Persons

Article 77

A search of dwelling and other premises of a defendant or other persons may be carried out if it is likely that in the course of search the perpetrator, traces of the criminal offence or objects relevant for the criminal proceedings shall be found.

A search of a law firm may be carried out only in regard with a specific case, file or document.

A search of person may be carried out if it is likely that in the course of search traces of the criminal offence or objects relevant for the criminal proceedings shall be found.

Article 78

A search shall be ordered by a written warrant with a statement of reasons issued by a court.

Before the commencement of the search, the search warrant shall be given to the person to be searched or whose premises are to be searched. Before the commencement of the search, the person against whom a warrant has been issued shall be invited to voluntary hand over the wanted person or objects. That person shall be instructed that he is entitled to retain a defence counsel who may be present during the search. If a person against whom a warrant has been issued demands a presence of the defence counsel, the commencement of the search shall be postponed until the arrival of the defence counsel, but for no more than three hours.

A search may be commenced without previously giving a warrant or without an invitation to hand over the person or objects and without an instruction on the right to a defence counsel, if armed resistance or other kind of violence is expected, or if it is obvious that a preparation to destroy the traces of the criminal offence or objects relevant for criminal proceedings is going on or a destruction has began.

The search shall be carried out during the day. The search may be carried out at night if it was commenced during the day and not completed or if the reasons referred to in Article 81 paragraph 1 of this Act exist.

Article 79

The occupant of a dwelling or other premises shall be invited to be present at the search, and if he is absent, his representative, adult members of his family or neighbours shall be called to be present at the search.

Premises which are locked, furniture and other things shall be opened by force only if their occupant is absent or he is refusing voluntarily to open them. Unnecessary damage shall be avoided in the course of opening.

Two adult citizens shall be present as witnesses at the search of a dwelling or person. Only a female person shall carry out a search of a female person, and for the witnesses, only female persons shall be taken. Before the beginning of the search the witnesses shall be instructed to observe how the search is carried out and that they are entitled, before the record of the search is signed, to place their objections if they consider the contents of the record are incorrect.

When conducting a search of premises of state authorities, enterprises or other legal entities, a head of such authorities, enterprises or other legal entities shall be called to be present at the search.

In the course of searching a law firm according to paragraph 2 of this Article or in absence of an attorney who owns it, a representative of the respective Bar Association shall be called to be present, and if this is not possible, than another attorney, a member of the same Bar shall be called.

A search and inspection of barracks or other military institution shall be carried out upon the permission of military officer in charge.

The search of a dwelling and a person shall be carried out carefully, with respect to a dignity of person and the right to intimacy, without unnecessary disturbance of the house rules. A record shall be made of every search of a dwelling or a person and shall be signed by the person whose premises have been searched or who has been searched and by persons whose attendance at the search is obligatory. Only objects and documents related to the purpose of the search shall be temporarily seized in the course of the search. It shall specifically be stated in the record which objects and documents are seized, and this shall be written in a receipt which shall be immediately issued to the person from whom the objects or documents have been seized.

Article 80

If in the course of search of a dwelling or a person objects are found unrelated to the criminal offence for which the search was ordered, but indicating the commission of another criminal offence subject to public prosecution, they shall be noted in the record and temporarily seized, and a receipt on seizure shall be issued immediately. The State Attorney shall be informed immediately thereof for the purpose of institution of criminal proceedings. These objects shall be returned immediately if the State Attorney determines that there are no grounds to institute criminal proceedings and if no other legal ground for the seizure of these objects exists.

Article 81

Without a search warrant police authorities may enter a person's dwelling or other premises and, if necessary, carry out a search, provided that occupant so requests or somebody calls for help, or in order to execute an arrest warrant or a warrant for compulsory appearance, or to apprehend a perpetrator who is in the act of committing a criminal offence subject to public prosecution, or in order to remove serious danger to the life or health of people or to property of considerable value.

The occupant, if present, shall be entitled to file objection to the proceedings carried out by the police authorities referred to in paragraph 1 of the Article. The police officer in charge shall be bound to inform the occupant about this right and to include his objection in the receipt issued on entering into dwelling or in the record of search.

A record on search shall not be made in the cases referred to in paragraph 1 of this Article, but a receipt on entering shall be issued immediately to the occupant in which the reasons on intrusion and the occupant's objections shall be specified. If a search has also been carried out in a person's dwelling, it shall be proceeded in accordance with Article 79 paragraphs 3 and 7 of this Act.

A search may be carried out without the presence of witnesses if it is not possibly immediately to secure their presence, and there is a danger in delay. The reasons for a search without the presence of witnesses shall be specified in a record of search.

The police authorities may without a search warrant and without witnesses carry out a search of a person when executing a warrant for compulsory appearance or to deprive of liberty if there is a suspicion that person is in possession of offensive weapons or tools for an attack, or if there is suspicion that he will throw away, hide or destroy the objects which need to be seized as evidence in the criminal proceedings.

When conducting a search without warrant, the police authorities are bound to submit immediately a record of the search to the investigating judge, and if the proceedings are not yet pending - to the competent State Attorney.

Temporary Seizure of Objects

Article 82

Objects which, according to the Criminal Code, have to be seized or which may be used as evidence in criminal proceedings, shall be temporarily seized and deposit in a court or their safekeeping shall be secured in another way.

Whoever is in possession of such objects shall be bound to surrender them upon the court's request. A person who refuses to surrender them may be fined to an amount no exceeding 10,000 dinars, and in the case of further refusal may be fined one more time by the same fine. In shall be proceeded in the same way against an official or responsible person in a state authority, enterprise or other legal entity.

The panel (Article 24 paragraph 6) shall decide on an appeal against a ruling imposing a fine.

The police authorities may seize the objects stated in paragraph 1 of this Article when proceeding pursuant to the provisions of Article 225 and 238 of this Act or when executing a court's warrant.

When seizing objects it shall be noted where they were found and they shall be described, and if necessary their identity shall be determined in another way. A receipt shall be issued for the seized objects.

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Article 109

(1) The Court is bound to protect a witness or victim from insult, threat and any other attack.

(2) A party in the criminal proceedings or other person who before the court insults, threatens or endangers the security of a witness or victim, will be warned or fined. In the case of violence or serious threat, the court shall inform a state prosecutor in order to undertake criminal prosecution. In regard to a fine, the provisions referred to in article 108 of this Code shall apply.

(3) At the proposal of the investigative judge or president of the court chamber, the president of the court or the State prosecutor may request from policy authority to undertake special measures regarding the protection of a witness or a victim.

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Chapter XVIII

Crime Report and Powers of Authorities in Pre-investigatory Proceedings

Article 232

Upon the written motion containing a statement of reasons submitted by the State Attorney, the investigating judge may order surveillance and recording of telephone and other conversations or communications by other technical means as well as optical recording of persons, against whom there are grounds for suspicion that they have committed themselves or with others a criminal offense as follows:

Against the constitutional order or security of the Federal Republic of Yugoslavia;

Against humanity and international law;

With elements of organized crime (counterfeiting of money, money laundering, illicit manufacturing and trafficking in narcotic drugs, illegal trade of weapons, munitions and explosive substance, trafficking in persons) offer and acceptance of a bribe, extortion and kidnapping.

The investigating judge shall order the measures referred to in paragraph 1 of this Article by a written order containing a statement of reasons. The order shall state the data related to the person against whom the measures are to be applied, grounds for suspicion, the manner of application, the scope and the term for their duration. The measures undertaken may last up to three months, and for important reasons may be prolonged for an additional three months. The application of the measure shall be discontinued as soon as the reasons for its application cease to exist.

The order of the investigating judge referred to in paragraph 1 of this Article shall be executed by the police authorities.

Postal and other agencies, organizations and persons registered for public transmission of information are bound to made it possible for the police authorities to execute the measures referred to in paragraph 1 of this Article.

Upon the order of the investigating judge, the recordings referred to in paragraph 1 of this Article may also be performed in premises other than dwellings.

Article 233

After the execution of the measures referred to in Article 232 of this Act, the police authorities shall submit to the investigating judge a report and the recordings.

The investigating judge may order the recordings obtained by technical means be completely or partially copied or described. The investigating judge shall invite the State Attorney to make himself familiar with the material obtained by the application of the measures referred to in Article 232 of this Act.

If the data obtained by the application of the measures referred to in Article 232 of this Act are not necessary for the proceedings or if the State Attorney declares that he shall not request a criminal proceedings to be instituted against the suspect, the complete collected material shall be destroyed under the supervision of the investigating judge. The investigating judge shall draw up a record thereof.

If the measures referred to in Article 232 of this Act are undertaken contrary to the provisions of this Act or order of the investigating judge, the court's decision shall not be founded on the collected data. Regarding the obtained data and information the provisions of Article 99 of this Act shall be applied mutatis mutandis. The provisions of Article 178 paragraph 1, Article 273 paragraph 4, Article 337 paragraph 3 and Article 374 paragraph 4 of this Act shall be applied mutatis mutandis in regard with the recordings made contrary to the provisions of this Article and Article 232 of this Act.

In case referred to in paragraphs 3 and 4 of this Act, the data shall be deemed as a professional secret.

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