Search warrant
A search order shall be executed by the judicial police with the necessary
assistance
of other police officers within forty-eight hours of the issuance of the order. (Article
241 (1) PCPC)
Before beginning the search, the judicial police shall provide the order to the
person against whom the order is directed and such person shall be informed that
he or she has the right to contact a lawyer who has the right to be present during
the search. (Article 242 (1) PCPC)
If the person requests a lawyer to be present during the search, the judicial police
shall postpone the search until the arrival of the lawyer, but no longer than two
hours after the lawyer has been informed about the search. In the meantime the
judicia l police may restrict the movement of the person concerned and other
persons in the premises that are about to be searched. In exigent circumstances
the judicial police may begin the search even before the expiry of the time limit
for the lawyer to arrive. (Article 242 (2) PCPC)
Before beginning the search the judicial police shall ask the person to surrender
voluntarily the person or the objects sought. (Article 242 (3) PCPC)
Exceptionally, a search may start without the prior presentation of the order or the
prior request for surrender of the person or objects sought if armed resistance
is expected, or if the effectiveness of the search is likely to be undermined if it is
not conducted instantly and without warning, or if a search is conducted on public
premises. (Article 242 (4) PCPC)
During a search of a house or other premises the person whose house or other
premises and property is being searched or a representative of such person shall
have the right to be present. (Article 243 (1) PCPC)
During a search of a person, a house or other premises, two adult persons shall
be required to be present as witnesses. Before the search begins the witnesses
shall be warned to observe closely how the search is conducted, and shall be
informed of their right to make objections, if any, to the contents of the record of
the search before it is signed. (Article 243 (2) PCPC)
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