1The defendant, if the latter is present, and the person possessing the premises, shall be handed over the search decision, while making them aware of the right to seek the presence of a person of their trust, who is there and appropriate under Article 108 of this Code, or his/her defence lawyer.
2Where the defendant seeks the presence of the defence lawyer while conducting the search, the proceeding authority shall postpone the conduct of the search to the moment of arrival of the defence lawyer, however, not more than 2 hours from the moment that the defence lawyer has been informed about the search. During this period, the proceeding authority may restrict the movement of the interested person or other persons being at the location where the search shall be conducted.
3The postponement of the search, under paragraph 2 of this Article, shall extend the respective time period provided for in paragraph 4 of Article 202/a of this Code.
4The proceeding authority may search the persons being present, upon deeming that they may hide the exhibit or the things belonging to the criminal offence. It may order the persons being present no to leave prior to the search being completed and get those leaving coercively turned back.
5Where the owner or the possessor of the item is not found, the proceeding authority shall carry out the search at the obligatory presence of the defence lawyer being appointed ex officio.
EN