A search of a female person shall only be carried out by a female and only female
persons shall be witnesses. (Article 243 (3) PCPC)
The search of residential premises shall be carried out considerately, to avoid
disturbing the peace. Locked premises, furniture or other objects may be opened
forcibly only if their owner is not present or refuses to open them voluntarily.
In opening these objects care should be taken to avoid unnecessary damage.
(Article 243 (4) PCPC)
A search of a person may include an intimate search which shall be conducted
by a qualified medical doctor or nurse in accordance with the rules of medical
science and with full respect for the person’s dignity. (Article 243 (5) PCPC)
If a search is conducted on the premises of a public entity, the head thereof shall
be invited to attend the search. (Article 243 (6) PCPC)
A record shall be made of each search of a person, house or premises. Such
record shall be signed by the person who has been searched or whose premises
or property have been searched, his or her lawyer if present during the search
and persons whose presence is obligatory. When conducting a search, only
the objects and documents related to the purpose of that particular search may
be confiscated. The objects and documents confiscated shall be entered and
accurately described in the record, and the same shall be indicated in the receipt,
which shall be immediately given to the person whose objects or documents have
been confiscated. (Article 243 (7) PCPC)
If during a search of a person, house or premises objects are found which are not
related to the criminal offence which justified the search but which point to another
criminal offence prosecuted ex officio, these objects shall also be described in
the record and confiscated, and a receipt of confiscation shall immediately be
issued. A notification thereof shall immediately be sent to the public prosecutor
so that he or she can initiate criminal proceedings. The objects confiscated shall
be returned immediately if the public prosecutor finds that there are no grounds
for criminal proceedings, nor any other legal ground for confiscating the objects.
(Article 244 PCPC)
Police may, if necessary and to the extent necessary, enter the house and other
premises of a person and conduct a search without an order of the pre-trial judge
if: (Article 245 (1) PCPC)
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