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PROCESS FOR APPREHENSION OF A SUSPECT

IN CASE OF ANY REPORT OR INFORMATION TO THE POLICE INSPECTORS THAT


A SUSPECT IS MANUFACTURING AND SELLING NARCOTIC DRUGS,
PRECURSORS AND PSYCHOTROPIC SUBSTANCES WITHOUT PERMISSION, THE
POLICE OFFICERS CAN SEARCH AND DETAIN THE SUSPECT ACCORDING TO
THE FOLLOWING PROCEDURE:
• 1. Request from the police inspectors to the Public Prosecutor's Office;
• Officials and authorized persons submit a request for permission to search
the suspect with his personal data available to them to the Public Prosecutor's
Office.
• 2. Request from the Public Prosecutor's Office to the Basic Court of that
area;
• The Public Prosecutor's Office submits to the Court of First Instance a
request to issue a warrant for a search of the place that is suspected in the
investigation, the apartment or the house, i.e. the premises in which he lives,
the auxiliary premises such as the garage, summer house and his car if it is
thought that he has committed criminal acts with it.
• 3. The court writes a search order to the Department of Internal Affairs;
• The order is written in the shortest possible time with the judge on duty and a
typist, issued for the search of the suspect's home and auxiliary premises so that
the inspectors can perform their duty;
• 4. Conducting a search by police inspectors of the suspect;
• A case is opened in the court for the issuing of an order to an authorized person by
the police, who is responsible for issuing the order in secret and acting on it in the
shortest possible time or within 24 hours of its issuance.
SEARCH AND ARREST OF THE SUSPECT.

•1. Conducting a search according to the regulations specified in the order


issued by the Court of First Instance.
•The authorized officers conduct a search of the suspect's home and premises
specified in the order and the police have the right to confiscate anything that
is suspicious of the production and sale of narcotic drugs.
•2. Apprehension of suspected persons;
• Also, the authorized inspector has the right to detain suspicious persons
found on the spot such as the suspect and persons who obstruct the search.
PROCEDURE FOR ISSUING A DETENTION MEASURE.

•1. The suspect is detained at the police station.


•The inspector interrogates and takes a statement from the suspect at the Police Station, where
the suspect has the right to defend himself by remaining silent or to make a statement.
•2. The Public Prosecutor's Office issues an indictment proposal.
•The Public Prosecutor's Office interrogates the suspect, where he can defend himself by
remaining silent or ask for a defense attorney at his request or be appointed ex officio, who will
protect his interests. If the Public Prosecutor's Office has enough facts and evidence, it will issue
an indictment for his arrest, which is approved by the Court before which the suspect will be
brought to be heard and sentenced to detention.
•3. The court issues a verdict for the detention of the suspect and his detention is carried out.
•After the hearing at the Public Prosecutor's Office, the suspect is brought before a duty judge
who will interrogate him according to the charges listed in the indictment against him.
THE COURT CAN MAKE THREE DECISIONS:

• -Decision on detention measure;


• If there is enough evidence that will confirm the prosecution's proposal, the court will issue a
decision on the measure of detention that will last a maximum of 30 days with the possibility of
extending it as long as the procedure for the trial of the suspect is ongoing due to the possibility
of escape and unavailability to the Authorities.
• -Decision on the trial of the suspect under house arrest;
• If there are too many arguments that the person will be available to the competent authorities
during the procedure with his attachment to and will not leave his home;
• - Acquittal and annulment of the indictment proposal;
• If his guilt is not proven before the competent judge, he will cancel the indictment proposal of
the Public Prosecutor's Office and no criminal proceedings will be initiated against the suspect.

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