Inspection and Detection of Homes, Places, and Finding the Tools of a Crime
Article 96 – Inspections and discovery of homes, places, and things are performed when it is based on reason, or if there is a strong suspicion that there is a possibility that the accused and/or the tools of crime can be found in that place.
Article 97 – If the inspection and search does not interfere with people’s rights, it is allowed only if it is more important than the rights of the people.
Article 98 – The inspection and detection are performed in the presence of the legal resident [of the dwelling] and examining witnesses. In their absence, it is done in the presence of the most senior legal resident. The inspection of places should be, if possible, conducted in the presence of owners or operating staff of those locations.
Note – If there is no one available at the place that is being investigated, and if it is urgent, the judge can issue an order to open the place and should record this in the minutes.
Article 99 – Those involved in a criminal act can be present during the inspection and detection, but others are not allowed in unless the legal resident permits.
Article 100 – The inspection and detection of homes should be performed during the day in daylight unless exigency necessitates that the inspection be performed immediately in night time. The note of exigency shall be recorded by the judge in the minutes.
Article 101 – The judge can prohibit the entry into and exit from a location under investigation, and he can ask either the Disciplinary or Army Forces to perform this order.
Article 102 – If the legal occupants or operating staff of a place do not follow the order of the judge to open the closed locations, the judge can still order to have them open, but is bound to avoid any harm as much as possible.
Article 103 – Among the papers, documents, belongings, and other personal effects of the accused, only those related to the crime shall be secured and presented to the examining witness(es) if need be. The judge is bound to cautiously treat other documents and belongings, and he should not allow contents irrelevant to the crime to be revealed.
Article 104 – In cases where there is a need to inspect and detect mailing, telecom, audio and visual correspondences related to the accused, in connection with investigation of a crime, the judge will inform the respective officers to confiscate [these materials] and send them to him or her. Once they are received, they will be presented to the accused, noted in the minutes, and attached to the file after being signed by the accused. Refusal of the accused to sign will be noted in the minutes and in case the items are not of relative importance, and if the confiscation is not necessary, they will be returned to the owner obtaining an acknowledgment of receipt.
Note – Monitoring telephone calls are prohibited, unless it is deemed appropriate by the judge because the case is related to the country’s security or obtaining a right of a person.
Article 105 – Officers and authorities of the ministries, government and government affiliated organizations and institutes, municipalities and officials of public services, banks, notary offices, and offices in which inclusion of law requires name mentioning, are bound to present and disclose all crimes and information and those documents, papers and books, to which a referral is required to examine a criminal act upon request of the judge, except in the cases of confidential government documents for which the permission of the head of the judiciary is required. Violators of this law will be sentenced to between six to twelve months of suspension from governmental service and or duty.
Article 106 – If an accused has entrusted his or her notes which are essential to the identification of the crime to his or her lawyer or other persons, the judge can examine them in the presence of the lawyer or the mentioned person, and in case of refusal to present the notes, the person who refuses will be sentenced to the legal punishment appointed for deliverance of the accused from trial.
Article 107- The tools and instruments of the crime such as weapons, fake documents, fake coins and whatever is obtained during the inspection, which can lead to identifying the crime or to the accused giving a confession to the crime, shall be confiscated and described in detail in the minutes.
Article 108 – The tools and instruments of the crime shall be numbered, stamped and kept. Whatever is acquired by the judge should have a named receipt for the owner.
Article 109 – If the crime’s evidence cannot be separated or removed from the scene (like a blood stain), then the judge should do whatever needed to maintain the evidence, and if necessary lock down and seal the place and assign the disciplinary forces or specials guards to protect the place.
Article 110 – A sufficient amount of liquids which can be hydrolyzed shall be kept in a sealed jar to avoid being spoiled or wasted. There should at least be three jars of each liquid kept as samples.
Article 111 – The stolen items or whatever is collected as a result of the crime, or the money confiscated during the process should be returned to the person from whom money was taken from or otherwise robbed by the order of the judge, unless the presence of all or part of these items is essential during the investigation or trial. If so, [the items] will be returned upon the judge’s order when it is no longer needed. Items which should be confiscated or destroyed according to the law are exempted from this rule.
