MARCH-APRIL 2004 55

1) last name, first name, and patronymic;

2) date and place of birth;
3) citizenship;
4) education;
5) family status and a list of family members;
6) place of employment or studies and occupation or job title;
7) place of residence;
8) criminal record, if any; and
9) any other information relevant to the criminal case.
3. In the official records of subsequent questionings, the informa-
tion identifying the accused, if it has not changed, may be limited to
the last name, first name, and patronymic of the accused.

Article 175. Modifying and Amending Charges;

Partially Terminating Criminal
Prosecution

1. If in the course of a preliminary investigation grounds emerge

for modifying the presented charge, the investigator, in accordance
with Article 171 of this Code, shall issue a new decree charging
the person as an accused and shall present it to the accused in the
procedure established by Article 172 of this Code.
2. If in the course of a preliminary investigation any part of the
presented charge cannot be corroborated, the investigator shall is-
sue a decree terminating criminal prosecution in the relevant part
and shall notify the accused, defense counsel, and the procurator
to that effect.

CHAPTER 24. INSPECTIONS; VISUAL

BODY EXAMINATIONS; INVESTIGATIVE
EXPERIMENTS

Article 176. Grounds for Conducting Inspections

1. An inspection of the scene of an incident, place, dwelling,

other premises, objects, or documents may be conducted for the
56 STATUTES AND DECISIONS

purpose of discovering physical traces of a crime and elucidating

other circumstances that are relevant to the criminal case.^
2. In circumstances that permit no delay, the inspection of the
scene of an incident may be conducted before a criminal case has
been initiated.

Article 177. Procedure for Conducting Inspections

1. An inspection shall be conducted with the participation of

attesting witnesses, except in the instances specified in part 3 of
Article 170 of this Code.
2. An inspection of physical traces of a crime and other discov-
ered objects shall be conducted at the place where an investigative
action is carried out, except in the instances specified in part 3 of
this article.
3. If an extended period of time is needed to conduct such an
inspection or an inspection on site is difficult, the objects shall be
seized, packed, sealed, and certified by the signatures ofthe inves-
tigator and the attesting witnesses at the site of the inspection.
Only objects that may be relevant to the criminal case shall be
seized. To the extent possible, particular features and characteris-
tics of the seized objects shall be indicated in the official record.
4. All items discovered and seized during the inspection shall
be presented to the attesting witnesses and to other participants in
the inspection.
5. An inspection of a dwelling may be conducted only with the
consent of the residents thereof or on the basis of a judicial deci-
sion. If the residents of the dwelling object to an inspection, the
investigator shall make a motion to a court to conduct an inspec-
tion in accordance with Article 165 of this Code.
6. An inspection of the premises of an organization shall be
conducted in the presence of a representative of the administra-
tion of such organization. If it is impossible to secure the partici-
pation of a representative, an entry to that effect shall be made in
the official record.
 MARCH-APRIL 2004 57

Article 178. Inspection of a Corpse; Exhumation

1. An investigator shall conduct an inspection of a corpse in the

presence of attesting witnesses and with the participation of a fo-
rensic medical expert or, if the participation of such expert is im-
possible, with the participation of a physician. If necessary, other
specialists may be enlisted to inspect the corpse.
2. Unidentified corpses shall be subject to mandatory photo-
graphing andfingerprinting.The cremation of unidentified corpses
shall be prohibited.
3. If it is necessary to remove a corpse from its burial place, the
investigator shall issue a decree of exhumation and shall notify
close relatives or relatives of the deceased to that effect. The de-
cree shall be binding upon the administration ofthe relevant burial
place. If the close relatives or relatives of the deceased object to
the exhumation, permission to carry out the exhumation must be
issued by a court.
4. The exhumation and inspection of the corpse shall be con-
ducted with the participation of the persons indicated in part 1 of
this article.
5. Costs connected with the exhumation and reburial of a corpse
shall be reimbursed to the relatives of the deceased in the proce-
dure established by Article 131 of this Code.^

Article 179. Visual Body Examinations'"

1. In order to discover on the body of a person special marks,

physical traces of a crime, or bodily injuries or to determine a
state of alcoholic intoxication or other attributes and indications
that are relevant to a criminal case, if the conduct of a court-re-
lated expert analysis is not necessary for this purpose, a visual
examination of the body of a suspect, accused, or victim may be
conducted, as well as of a witness with his consent, except in in-
stances when an examination is necessary to evaluate the credibil-
ity of his testimony.
58 STATUTES AND DECISIONS

2. An investigator shall issue a decree to conduct a visual

body examination, which shall be binding on the person to be
examined.
3. A visual body examination shall be conducted by an investi-
gator. If necessary, the investigator shall engage a medical doctor
or another expert to take part in the examination.
4. An investigator shall not be present at the visual body exami-
nation of a person of the opposite sex if the examination involves
undressing the person. In such instances the examination shall be
conducted by a medical doctor.
5. In the instances specified in part 4 of this article, the use of
photography or film or video recording shall be permitted only
with the consent of the person whose body is being examined.

Article 180. Official Records of Inspections or

Visual Body Examinations

1. An official record of an inspection or visual body examina-

tion shall be executed in compliance with the requirements of this
article and Articles 166 and 167 of this Code.
2. The official record shall describe all the actions of the inves-
tigator, as well as every item discovered during the inspection and/
or visual body examination in the order in which the inspection or
visual body examination was conducted and in the form in which
the item discovered was observed at the time of the inspection or
visual body examination. The official record shall list and describe
all objects seized during the inspection and/or the visual body ex-
amination.
3. The official record shall also indicate the time of and weather
and lighting conditions during the inspection or visual body ex-
amination, what technical devices were employed and what re-
sults were obtained, what objects were seized and sealed and with
what seal, and where a corpse or objects relevant to the criminal
case were sent following the inspection.
 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