MARCH-APRIL 2004 59

Article 181. Investigative Experiments

In order to verify and clarify information relevant to a criminal

case, an investigator may conduct an investigative experiment by
reproducing actions, as well as the setting or other circumstances
of a specific event. Such experiments shall be used to verify the
possibility of the perception of certain facts, the occurrence of
certain actions, or the onset of a certain event, and also to reveal
the sequence of an event that occurred and the means by which
physical traces were formed. The conduct of an investigative ex-
periment shall be permitted if the experiment does not endanger
the health of its participants.

CHAPTER 25. SEARCH; SEIZURE;

INTERCEPTION OF POSTAL AND TELEGRAPH
CORRESPONDENCE; MONITORING AND
RECORDING OE COMMUNICATIONS

Article 182. Grounds and Procedure for

Conducting Searches

1. The existence of sufficient information to believe that the

instruments of a crime or objects, documents, or valuables that
may be relevant to a criminal case may be located at a certain
place or in the possession of a certain person shall constitute
grounds for the conduct of a search."
2. A search shall be conducted on the basis of a decree issued
by an investigator.
3. A search in a dwelling shall be conducted on the basis of a
judicial decision issued in the procedure established by Article
165 ofthis Code.'2
4. Before commencing a search, the investigator shall present
the decree to conduct the search or, in the instances specified in
part 3 of this article, the judicial decision permitting the search.
5. Before commencing a search, the investigator shall suggest
60 STATUTES AND DECISIONS

that objects, documents, and valuables that may be relevant to the

criminal case and are subject to seizure be surrendered voluntar-
ily. If they are surrendered voluntarily and there is no reason to
believe that they have been concealed, the investigator may forgo
the search.
6. During a search, any premises may be opened forcibly if the
owner refuses to open them voluntarily. Unnecessary property
damage shall be avoided in such instances.
7. The investigator shall take measures to prevent the public
disclosure of matters discovered during a search conceming the
private life of the person whose premises were searched and of
any personal and/or family secret, as well as the private matters of
other persons.
8. The investigator may prohibit persons present at the loca-
tion of the search from leaving that location or from communicat-
ing with each other or with other persons pending completion of
the search.
9. During a search, any objects and documents that are contra-
band shall be seized in any event.
10. Objects, documents, and valuables to be seized shall be pre-
sented to the attesting witnesses and other persons present during
the search and, if necessary, shall be packed and sealed at the loca-
tion of the search, and this shall be attested by the signatures of
such persons.
11. When a search is conducted, the person whose premises are
being searched or his family members who are of legal age shall
participate in the search. When a search is conducted, the defense
counsel or an advocate'^ of the person whose premises are being
searched shall also have the right to be present at the place where
the search is conducted.
12. Whenever a search is conducted, an official record shall be
executed in accordance with Articles 166 and 167 ofthis Code.
13. The official record shall indicate the location and circum-
stances under which objects, documents, or valuables were dis-
covered and whether they were surrendered voluntarily or seized
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forcibly. All seized objects, documents, and valuables shall be listed

with specific reference to their number, size, weight, particular
characteristics and, if possible, value.
14. If attempts are made during a search to destroy or hide ob-
jects, documents, or valuables subject to seizure, an entry to that
effect and indicating the measures taken shall be made in the offi-
cial record.
15. A copy of the official record of a search shall be handed to
the person whose premises were searched or to an adult member
of his family. If the search was carried out on the premises of an
organization, a copy of the official record shall be delivered to a
representative of the administration of the relevant organization,
and the representative shall sign for it.
16. A search may also be conducted for the purpose of discov-
ering persons or corpses that are being sought.

Article 183. Grounds and Procedure for Carrying

Out Seizures

1. If it is necessary to seize certain objects and documents that

are relevant to a criminal case and if their location and the person
in possession of them are known for certain, they shall be seized.
2. A seizure shall be carried out in the procedure established by
Article 182 of this Code, with the exceptions set forth in this article.
3. Seizures of objects and documents containing state secrets or
other secrets protected by federal law shall be carried out by an
investigator with a procurator's sanction.
4. Seizures of documents containing information on citizens'
deposits and accounts at banks and other financial credit organi-
zations shall be carried out on the basis of a judicial decision
obtained in the procedure established by Article 165 of this Code.
5. Before carrying out a seizure, the investigator shall suggest
that the objects and documents subject to seizure be handed over;
if the suggestion is declined, the investigator shall seize them
forcibly.
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Article 184. Search of a Person

1. Given the grounds specified in parts 1 and 3 of Article 182 of

this Code and in the procedure envisioned therein, a search of the
person of a suspect or accused may be carried out for the purpose
of discovering and seizing objects and documents that may be rel-
evant to a criminal case.
2. A search of a person may be carried out without a corre-
sponding decree if it is incident to the detention of the person or
the confinement of the person under guard, and also when there
are sufficient grounds to believe that a person present on the pre-
mises or at another location where a search is being carried out is
concealing on his person objects or documents that may be rel-
evant to a criminal case.
3. A search of a person shall be carried out only by a person of
the same sex as the person to be searched and in the presence of
attesting witnesses or specialists of the same sex if they are taking
part in the investigative action.

Article 185. Interception, Inspection, and

Seizure of Postal and Telegraph
Correspondence

1. Given sufficient grounds to believe that objects, documents,

or information relevant to a criminal case may be contained in
packages, parcels, or other mail and telegraph correspondence or
in telegrams or radio messages, they may be intercepted.
2. The interception, inspection, and seizure of postal and tele-
graph correspondence at communications offices shall be carried
out on the basis of a judicial decision issued in the procedure es-
tablished by Article 165 of this Code.
3. An investigator's motion for the interception, inspection, and
seizure of postal and telegraph correspondence shall indicate:
1) the last name, first name, and patronymic and the address of
the person whose postal and telegraph correspondence is to be
impounded;
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2) the grounds for interception, inspection, and seizure;

3) the types ofthe postal or telegraph correspondence subject to
interception; and
4) the name of the communications office that is required to
hold the postal and telegraph correspondence in question.
4. If a court issues a decision to intercept postal and telegraph
correspondence, a copy of the decision shall be forwarded to the
relevant communications office, which shall be ordered to hold
the postal and telegraph correspondence and immediately notify
the investigator to that effect.
5. Inspection, seizure, and copying of intercepted postal and
telegraph correspondence shall be carried out by the investigator
at the relevant communications office with the participation of at-
testing witnesses selected from among the employees of that of-
fice. If necessary, the investigator may summon a specialist or
interpreter to take part in the inspection and seizure of postal and
telegraph correspondence. In each instance of inspection of postal
and telegraph correspondence, an official record shall be executed
and shall indicate what postal and telegraph correspondence was
subjected to inspection, copied, forwarded to its addressee, or im-
pounded and by whom.
6. Interception of postal or telegraph correspondence shall be
terminated by the investigator, with mandatory notice thereof to
the court that issued the decision to intercept the correspondence
and to the procurator, when the measure is no longer necessary,
but in no event may it continue after completion of the prelimi-
nary investigation in the criminal case.

Article 186. Monitoring and Recording of

Communications
1. Given sufficient grounds to believe that telephone or other
communications of a suspect, accused, or other persons may con-
tain information that is relevant to a criminal case, the monitoring
and recording thereof shall be permitted in proceedings in criminal
64 STATUTES AND DECISIONS

cases involving grave and especially grave crimes on the basis of a

judicial decision issued in the procedure established by Article
165 ofthis Code.
2. Given a threat of violence, extortion, or other criminal ac-
tions against a victim or witness or their close relatives, relatives,
or close associates,''' monitoring and recording of telephone or
other communications shall be permitted upon written request of
such persons or, in the absence of such request, on the basis of a
judicial decision.'^
3. An investigator's motion to conduct the monitoring and re-
cording of telephone and other communications shall indicate:
1) the criminal case in which the use ofthis measure is necessary;
2) the grounds for conducting this investigative action;
3) the last name, first name, and patronymic of the person
whose telephone and other communications are to be monitored
or recorded;
4) the period for which the monitoring or recording is to be
carried out; and
5) the name ofthe body charged with technical implementation
of the monitoring and recording.
4. A decree on conducting the monitoring and recording of tele-
phone and other communications shall be forwarded by the inves-
tigator to the relevant body for execution.
5. Monitoring and recording of telephone and other communi-
cations may be conducted for a period of up to six months. Moni-
toring and recording shall be terminated in accordance with a decree
of the investigator when this measure is no longer necessary, but
in no event may it continue after completion of the preliminary
investigation in the criminal case.
6. Throughout the period of monitoring or recording of tele-
phone and other communications, the investigator may at any time
officially request a tape recording from the body conducting these
actions for inspection and listening. The recording shall be deliv-
ered to the investigator under seal and with a cover letter specify-
ing the date and time of the beginning and end of the recording of
 MARCH-APRIL 2004 65

said communications and containing a brief description of the

equipment used.
7. After inspecting and listening to the recording, the investiga-
tor, with the participation of attesting witnesses and, if necessary,
a specialist, and also of the persons whose telephone and other
communications were recorded, shall execute an official record
containing a verbatim transcript of the part of the recording that,
in the investigator's opinion, is relevant to the criminal case. The
persons taking part in the inspection and hearing of the tape re-
cording shall have the right to make comments on the official
record, either in the official record itself or separately.
8. The complete tape recording shall be attached to the criminal
case file as physical evidence on the basis of the investigator's
decree and shall be stored under seal in a manner that precludes
the ability of unauthorized persons to listen to the recording or
make copies of it and that preserves the physical integrity of the
recording and its technical suitability for repeated listening, in-
cluding listening in a court session.

CHAPTER 26. QUESTIONING;

CONFRONTATION; IDENTIEICATION;
VERIFICATION OF TESTIMONY

Article 187. Place and Time of Questioning

1. Questioning shall be conducted at the place of the prelimi-

nary investigation. If an investigator deems it necessary, he may
conduct questioning at the location ofthe person to be questioned.
2. Questioning may not go on uninterrupted for more than four
hours.
3. Questioning may be resumed after a break of at least one
hour for rest and nourishment, and the overall duration of ques-
tioning in one day may not exceed eight hours.
4. If medical indications exist, the duration of questioning shall
be established on the basis of a physician's opinion.