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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 397Powers of magistrate during inquiry.

Sub-title II

In KraftAmtlicher Text

(1) The court may order the attendance of any witness and the production of any evidence which it may deem necessary, as well as the issue of any summons or warrant of arrest against any other principal or accomplice whom the court may discover. The court may likewise order any inquest, search, experiment, the taking of any sample and any other measure or thing necessary for the fullest investigation of the case.

(2) The court may also, under such safeguards as it may consider necessary for the purpose of decency, examine or order to be examined by experts any part of the body of the accused or of the party on whom or with whom the offence is alleged to have been committed, if the court is of opinion that from such examination a proof might result either against or in favour of the accused.

(3) The court may, moreover, at the request of the Attorney

General or the Police, order that any accused person be photographed or measured or that his finger-prints be taken:

Provided that when an accused person, who has not been previously convicted of crime, is acquitted, all photographs (both negatives and prints), finger-print impressions, and records of measurements so taken, shall be destroyed or handed over to the person acquitted.

(4) The photographs, finger-print impressions and measure-ments referred to in the last preceding sub-article shall be taken in accordance with such regulations as may from time to time be made by the Minister responsible for justice.

(5) The court may also order the arrest of the accused not already in custody.

Änderungsgeschichte
  • Amended by XXVIII.2021.8