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Chapter Law Content

PART I GENERAL PROVISIONS
CHAPTER XII EVIDENCE
Section 4 - INSPECTIONS
Article 212
A court or public prosecutor may make an inspection in order to investigate the evidence or circumstances of an offense.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 213
An inspection may include the following measures:
(1) Examining the place of the offense or other place connected therewith;
(2) Physically examining a person;
(3) Examining a corpse;
(4) Conducting an autopsy;
(5) Examining property connected with the case;
(6) Performing other necessary measures.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 214
A witness or expert witness may be ordered to be present at the time of an inspection.
A party, an agent, or a defense attorney may be notified to be present at the time of an inspection to be conducted by public prosecutor, if necessary.
The party, agent or defense attorney shall be notified in advance of the date, time, and place of conducting inspection, unless unwillingness to be present had been clearly stated or emergent circumstances exist.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 215
Examination of a person other than an accused may be made only if there is probable cause to believe that it is necessary in investigating the circumstances of the offense.
The person specified in the preceding section may be subpoenaed to be present or to go to other designated establishment for inspection, subject mutatis mutandis to the provisions of Articles 72, 73, 175 and 178.
In examining the person of a female, a medical doctor or a woman shall be ordered to conduct it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 216
The identity of a corpse shall be clearly determined before it is examined or an autopsy is conducted.
In examining a corpse, a medical doctor or examining official shall be ordered to conduct it.
In conducting an autopsy, a medical doctor shall be ordered to do it.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 217
In order to examine a corpse or to conduct an autopsy, a corpse or part of it may be retained temporarily or a coffin or grave opened.
A spouse or relative residing in the same house or nearest relative of a deceased shall be notified that he may attend an examination of a corpse, autopsy, or opening of a coffin or grave.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 218
If a person dies or is suspected of dying from an unnatural cause, the public prosecutor having competent jurisdiction shall immediately examine him.
A public prosecutor may order a public prosecuting affairs official, together with a coroner, a doctor, or an examining official, to conduct the examination specified in the preceding section; if it is apparent that there is no suspicion of an offense committed, the public prosecutor may instruct a judicial police office, together with a coroner, a doctor, or an examining official to conduct the examination.
When completing the examination as specified in the preceding section, the case file and evidence associated with the examination shall be immediately reported to the public prosecutor; if there is suspicion that a crime has been committed, the public prosecutor shall continue to conduct the necessary inspection and investigation.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.
Article 219
The provisions of Articles 127, 132, 146 through 151, and 153 of this code shall apply mutatis mutandis to an inspection.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.