1An intimate search consists of the actions related to the physical search/examination of a child’s body orifices other than the mouth.

2Intimate search of the child may take place only upon a court decision unless health and life of the child is at stake, in emergency cases, and there are reasonable grounds to believe that information to be obtained may be lost, become void or the obtained evidence may be destroyed.

3In all cases, an item and/or material is taken from the child’s body in premises provided with a licence to perform a medical activity, in the presence of a certified physician and nurse of the same sex as the child, and in the presence of the legal representative and defence counsel.

4Search and other procedural actions to take off, fully or partially, the child’s clothing, shall take place only upon a court decision taken after hearing the views of the child and in the presence of a legal representative and defence counsel, except for the cases which pose a threat to public security and in the foreseen cases of flagrancy, under the provisions of the Code of Criminal Procedure.

5The intimate search shall be carried out by persons of the same sex as the child or of the sex of the child’s choice.

6In cases provided for under paragraph 2 and 4 of this Article, the Court shall decide within 12 hours from the depositing of the request, without participation of the parties.

7If the child does not agree with the participation of the legal representative during the search foreseen under paragraph 2 and 4 of this Article, or if the legal representative cannot participate, the procedural actions shall be carried out in the presence of the procedural representative assigned according to the provisions of this Code.

8The presence of the defence counsel of the child is mandatory in each case of strip search/intimate search and medical examination of a child.

9Mandatory taking of biological samples from the child or mandatory medical procedures shall be made according to the rules foreseen in article 201 letter “a” of the Code of Criminal Procedure.