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) 26

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents