be useful to discover the truth. ART 95: If the search is carried out in the domicile of the person charged, the investigating judge must comply with the provisions of Articles 69 and 71. ART 96: If the search is carried out in a domicile other than that of the person charged, the person in whose domicile it is done shall be called upon to be present. If this person is absent or refuses to be present, the search shall be carried out in the presence of two of his/her pa rents or relatives by marriage present on the premises or, failing which, in the presence of two witnesses. The investigating judge must comply with the provisions of Articles 69 (Paragraph 3) and 71. The investigating judge must organise in advance all the appropriate measures to ensure that professional secrecy and the defendant's rights are respected. ART 97: Articles and documents seized, made an inventory of and placed under seal may not be opened, nor can the documents be opened, except and only in the presence of the person charged assisted by his/her counsel, or the latter duly called; A third party in whose domicile the seizure was carried out shall also be called upon to be present during this operation. The investigating judge shall keep seized only objects and documents useful to discover the truth, or whose sending could be detrimental to the investigation. If the needs of the investigation do not so preclude, the parties concerned may obtain, at the expense of the State and as soon as possible, a copy or photocopy of the documents kept seized. If the seizure relates to cash, ingots, bills or securities the conservation of which is not necessary to discover the truth or protect the rights of the parties, he/she may authorize the court registrar to deposit it in the Caisse des dépôts et consignations. ART 98: Subject to the necessities of judicial investigations, any sending or disclosure of a document seized during a search, made without the authorisation of the person charged or his/her successors, the signatory or addressee of the document, to a person not lawfully accredited to examine it, shall be punishable with the penalties provided for in Article 130 of the Penal Code. ART 99: A person charged, a party claiming damages or any other person claiming to be entitled to an object held by judicial authorities may request its restitution from the investigating judge. If the request comes from the person charged, or a party claiming damages. It shall be sent to the other party and to the State Counsel. If it comes from a third party, it shall be sent to the person charged, the party claiming damages and the State Counsel. The submissions which the request may contain must be filed no later than three days after this sending. The decision of the investigating judge may be referred to the Indictment Chamber, through an ordinary motion, within ten days of its notification to the parties concerned by the court registrar, but without the investigation being delayed. The third party, as well as the parties to the proceeding, may be heard by the Indictment Chamber in its submissions, but he/she cannot claim that the proceedings be made available to him. ART 100: After passing judgement dismissing a case, the investigating judge shall st ill be competent to rule on the return of the seized items. His/her decisions may be referred to the Indictment Chamber in the manner provided for under Article 99. Section III - Hearing of Witnesses ART 101: The investigating judge shall summon, before him/her, through a law enforcement officer, any person whose statement appears useful to him/her. Proof of service of this summons must be transmitted forthwith to the judge. 19

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