items, or has on or about him/her traces or clues that give grounds to believe he/she is an accessory in
the felony or misdemeanour.
Any felony or misdemeanour shall also be considered flagrant where, even if not committed in
the circumstances described in the preceding paragraph, it is committed in a house where the family
head requires that it should be attested to by the State Counsel or a judicial police official.
ART 66: A judicial police officer who is informed of a flagrant felony shall immediately inform the State
Counsel, who goes forthwith to the crime scene and records any appropriate findings.
He/she shall ensure the conservation of any clues likely to disappear and of any item which may
be of use to discover the truth. He/she shall seize weapons and instruments that were used to commit
the felony or which were intended for its commission, as well as any item which appears to have been
the product of this felony.
He/she shall present, for recognition, any items seized to any persons who appear to have been
involved in the felony, if they are present.
ART 67: Any non-accredited person on the crime scene shall be forbidden to modify the state of the
premises before prior judicial inquiry operations or to take any samples, under pain of the fine stated in
Article 84 of the Penal Code.
However, an exception shall be made where such modifications or samples are necessitated
by public health or safety requirements, or the need to treat victims.
ART 68: Where the type of felony is such that evidence of it may be collected by seizing papers,
documents or other items held by persons who appear to have taken part in the felony or have
documents or objects pertaining to the criminal offence, the judicial police official shall proceed forthwith
to the domicile of such persons to carry out a search, in respect of which he/she draws up an official
report.
He/she shall be the only person; together with the persons mentioned under Article 57 and any
persons he/she eventually enlists pursuant to Article 60, allowed to examine the papers or documents
before proceeding to seize them.
However, he/she shall have the duty first to initiate all a ppropriate steps to ensure that
professional secrecy and the defendant's rights are respected.
Any item or document seized shall immediately be recorded in an inventory and sealed.
However, if it is difficult to make such an inventory on the spot, they s hall be temporarily sealed until
such time as an inventory can be taken and they can be sealed definitely, in the presence of those who
witnessed the search in accordance with the conditions stated in Article 66. With the approval of the
State Counsel or the Justice of the Peace with extended jurisdiction, a judicial police official shall seize
only items or documents useful to discover the truth.
ART 69: Subject to the terms of the previous Article concerning the respect of professional secrecy
and the defendant’s rights, the operations prescribed by that Article shall be carried out in the presence
of the person in whose domicile the search is made.
Where this is impossible, the judicial police officer shall have the duty to ask him/her to appoint
a representative of his/her choice; failing this, the judicial police officer shall appoint two witnesses,
chosen for this purpose from among persons who are not under his/her administrative authority.
The report on these operations, drafted as described under Article 78, shall be signed by the
persons referred to in the previous sub paragraph; in the event of refusal, this shall be noted in the
report.
ART 70: Subject to the necessities of inquiries, any sending or disclosure of a document seized during
a search to a person not lawfully accredited to examine it, made without the authorisation of a person
charged or his/her successors, or that of the signatory or addressee of the document, shall be
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