Article 78 – The examination of the crime scene should be conducted by the judge of the respective court or the examining magistrate or their order to the judicial officers or their reliable agents. During the examination of the crime’s scene, those involved in the crime can be present, but their absence does not prevent the examination.
Article 79 – The examination of the scene should be performed during the day, unless the [examination] is urgent.
Article 80 – During the examination of the scene, all effective clues and evidence, which are obvious and discovered, are recorded in the minutes.
Article 81 – To perform the scene examination and investigation, those who have knowledge of the crime are also invited in addition to the witnesses. In urgent cases, the judge can summon those [individuals] whose presence is essential to the scene.
Article 82 – In case of crimes against the public discipline and security, those who are called to be present during the local examination and investigation, and whose presence is essential, but whom do not appear and have no valid excuse, will be arrested in accordance with the order of the judge.
Article 83 - Experts are invited when there is a need for their scientific or technical comments or there is a need for special experts such as: physicians, pharmacists, engineers, auditors and other professionals. In cases of crimes against the public discipline and security, if the experts do not appear and lack a valid or sufficient excuse, they will be arrested by the order of the judge.
Article 84 – The judge is bound to ask the experts necessary questions in a written format or verbally, and this should be recorded in the minutes. If the judge believes that some aspects of the case need further investigation to discover the truth, but the experts believe that these aspects are not important, the experts are required to comment pursuant to the judge’s request.
Article 85 – The judge can be present during the expert’s investigation if he deems it appropriate.
Article 86 – If the investigation is based on the complaint of a plaintiff and the introduced witness, and the court accepts his or her testimony about the crime, or if adjudication is contingent on the court’s acceptance of the witness testimony, or if the investigation is because of the connection of the crimes to public discipline and security, then the calling of a witness is allowed.
Article 87 – If there are discrepancies between the comments of the experts – or if the judge finds them suspicious – the judge can either invite the commentary of other experts or send the comments to other respective experts to seek their opinion.
Article 88 – Examination of the body, injuries, or signs and marks of injury and physical or mental harm, and/or other medical examinations and tests, necessitates the invitation of the judge to a reliable forensic doctor. If the forensic doctor cannot attend, or there is a lack of forensic doctors in a district, another reliable physician will be called.
Article 89 – If necessary, the judge can invite several physicians instead of just one. A therapeutic physician is not exempted.
Article 90 – Until the arrival of the physician, the judge will take necessary measures to, inter alia, maintain the deceased body, discover the identity of the deceased, and uncover the state of death.
Article 91 – Witnesses to the investigation and all those who are present can object to the comments of the experts. The objections are recorded in the minutes.
Article 92 – The physician shall provide the judge with his or her comments within three days, unless the physician needs additional time to comment.
Article 93 – In case of discrepancies between the comments of [different] physicians, or if the physician’s comment contradicts the circumstances of the events, the judge will send comments to other specialists. The mentioned specialists will provide their comments in writing to the judge, after having discussed with the examining physician (if need be) or by direct examination.
Article 94 – If the identity of the deceased is unknown, the judge will stipulate the description of the body and fingerprints in the minutes with precision, and if possible, will order photographs to be taken, then take action to identify the deceased accordingly.
Article 95 – If the examining magistrate discovers that the accused was mentally ill at the time of commission of the crime, he will perform necessary inquiries of the family, friends and relatives [of the accused], and will take comments from the physician. The findings will be recorded in the minutes and the file will be sent back to the court. If the court finds the investigation of the examining magistrate and the experts sufficient, and the court assures its accuracy, he will issue a court order to pursue the case, and in cases of blood money or financial losses, will specify them accordingly. If the court does not trust the results of the investigations, it will continue the investigation and experts’ comments until concluded. A mentally ill person will be transferred to special medical or accommodation services with their parent’s permission or if otherwise required.
