Implementation of On-Site Examination of Criminal Cases: Is the Presence of a Prosecutor Mandatory?
Translation:
In a criminal case, a crime scene reenactment must be performed. Is it mandatory for the prosecutor of the case to be present when the investigative agency conducts the reenactment?Under Clause 2, Article 204 of the 2015 Criminal Procedure Code, regulations on investigative experiments are as follows:
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- To check and verify documents and details pertinent to resolving the case, the Investigation Agency may conduct investigative experiments by reconstructing the scene, reenacting the behavior, situations, or other details of a specific event and performing necessary experimental activities. During investigative experiments, measurements, photographs, recordings, sketches must be taken, and the results of the investigative experiments must be clearly recorded in the minutes.
It is strictly prohibited to conduct investigative experiments that infringe upon the life, health, honor, dignity, or property of participants and others involved in the investigative experiment.
- Prior to conducting the investigative experiment, the Investigator must notify the Procuracy of the same level about the time and place of the investigative experiment. The Procurator must be present to supervise the investigative experiment. If the Procurator is absent, this must be clearly recorded in the minutes.
=> In legal terms, conducting crime scene investigations for a criminal case falls under investigative experiments. According to the mentioned regulations, when carrying out investigative experiments, the Procurator must be present to oversee the process. However, if the Procurator is absent, the reason must be clearly documented in the minutes.
Respectfully.
