Dokument #1077212
National Legislative Bodies / National Authorities (Autor), veröffentlicht von Legislationline
Criminal Procedure Code of the Russian Federation (excerpts)
(...)
Article 12. Inviolability of Living Quarters
1.
An examination of the living quarters shall be carried out only with the consent of the persons residing in them, or on the grounds of a court decision, with the exception of cases,
stipulated in the fifth part of Article 165 of the present Code.
2.
The search and the seizure in the living quarters may be performed on the ground of a court decision, with the exception of cases, envisaged in the fifth part of Article 165 of this Code.
Article 144. Procedure for Considering the Communication on a Crime
1.
An inquirer, inquiry body, investigator, and the head of an investigative body must accept and check information about any crime committed or being prepared and shall, within the competence established by this Code, take a decision on it within three days from the day when such information is received. When checking certain information about a crime, an inquirer, inquiry body, investigator, the head of an investigative body may demand the conduct of documentary checks, audits, examinations of documents, objects, corpses and attract specialists to participation in such checks, audits and examinations, as well as to give instructions in writing on taking operative search measures to an inquiry body to be followed without fail.
2.
The communication about a crime in the mass media shall be checked up on the public prosecutor's orders by the body of inquiry, as well as the investigator on the instructions of the chief of an investigatory agency. The editorial board and the editor in chief of the corresponding mass medium shall be obliged to hand over, on the demand of the public
prosecutor, of the investigator or of the body of inquiry, the documents and materials, confirming the communication on the crime, which are at the disposal of the given mass medium, as well as the data on the person who has supplied the said information, with the exception of the cases when this person has given an assurance that the source of information shall be kept secret.
3.
Upon the justified petition of an investigator or inquirer, respectively, the head of the investigative body or the chief of the inquiry body may prolong for up to ten days the period established by Part One of this Article. If it is necessary to conduct documentary checks, audits or examinations of documents, objects or corpses, then the head of the investigative body upon a petition of the investigator and the prosecutor upon a petition of the inquirer may prolong this period for up to thirty days with an obligatory indication of the specific, factual circumstances which have served as the grounds for such extension.
4.
The applicant shall be issued a document about accepting the communication on a crime with the information on the person who has accepted it and with an indication of the date and the hour of its acceptance.
5.
Refusal to accept the communication on a crime may be appealed against with the public prosecutor or with the court in the procedure established by Articles 124 and 125 of the present Code.
6.
An application of a victim or his legal representative on criminal cases of private accusation submitted to a court shall be considered by a judge in accordance with Article 318 of this Code. In the cases stipulated by Part four of Article 147 of this Code, and the communication about the crime shall be verified in accordance with the rules established by this Article.
Article 182. Grounds and Procedure for Making a Search
1.
Seen as a ground for making a search shall be the existence of sufficient data to believe that such and such person may keep in such and such place the instruments of crime, objects, documents and valuables which may prove to be of importance to the criminal case.
2. The search shall be performed on the ground of an investigator's resolution.
3.
A search in the living quarters shall be effected on the ground of a court decision to be adopted in accordance with the procedure, laid down by Article 165 of the present Code.
4.
Before the start of the search, the investigator shall present the resolution on its performance, and in the cases stipulated by the third part of the present Article - the court decision, permitting to make such.
5. Before the start of the search, the investigator shall suggest that the objects, the
documents and the valuables, subject to the seizure, which may prove of importance for the criminal case, be given out voluntarily. If these are given out voluntarily and there are no grounds for an apprehension that they may be concealed, the investigator shall have the right not to perform the search.
6.
When making a search, any premises may be forced into, if the owner refuses to open them voluntarily. In this case, no unnecessary damage shall be done to the property.
7.
The investigator shall take measures to prevent laying bare the circumstances of the private life of the person, in whose living quarters the search was performed, his private and/or family secrets, as well as the circumstances of the private lives of other persons exposed during the search.
8.
The investigator shall have the right to prohibit the persons present at the place where the search is carried out, to leave this place and to communicate with one another or with the other persons untill the end of the search.
9.
While carrying out the search, the objects and the documents which not allowed for possession shall be seized by all means.
10.
The seized objects, documents and valuables shall be presented to the attesting witnesses and to the other persons, present at the search, and if necessary, shall be packed and sealed at the scene of the search, which shall be certified with the signatures of the above-said persons.
11.
When a search is performed the person whose premises are subjected to it or adult members of the family thereof shall take part. When a search is performed a counsel for the defence and also a lawyer of the person whose premises are subjected to it are entitled to be in attendance.
12.
When making a search, a protocol shall be compiled in conformity with Articles 166 and 167 of the present Code.
13.
In the protocol shall be pointed out, in what place and under what circumstances the objects, the documents or the valuables were revealed, and whether they were issued of a free will or seized under coercion. All the seized objects, documents and valuables shall be listed, with a precise indication of their quantity, weight, individual features and, if possible, their cost.
14.
If during the search attempts were made to destroy or concealthe objects, documents and valuables, subject to seizure, the corresponding entry to this effect shall be made in the protocol with an indication of the taken measures.
15.
A copy of the protocol shall be handed in to the person, in whose living quarters the search was made, or to an adult member of his family. If the search was carried out in the premises of an organization, a copy of the protocol shall be handed in against his signature to a representative of the administration of the corresponding organization.
16. The search may also be aimed at finding the wanted persons and the corpses.