Fiches Belges

There are two types of search of domiciles. A general search is a search of a domicile which is protected as a domiciliary place. A special search is a search of a premise in which it can be assumed that the object of the search would reveal information which cannot be freely used in the court, either because a person may refuse to or cannot testify or it is forbidden to confiscate or copy the documents (e.g. an office of an attorney). In addition a search may be carried out in an area which is not open or a domicile (e.g. a car). A search can be conducted when it is occupied by a suspect. If it is not occupied by a suspect, a prerequisite for a search is that the offence was committed there, the suspect had been apprehended there or there are very justifiable grounds to believe that an object, property, document, information or circumstance shall be found there. A search may also be conducted in order to find a person. The measure may however not be used where not permitted under Finnish law, had the offence been committed in Finland in similar circumstances.

EIO MLA 2000 Convention

National Bureau of Investigation

Finnish, Swedish and English

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An Investigator-in-charge or a prosecutor decides on a general search of domicile. The court decides on a special search of a domicile and on the appointment of a search representative. In certain situations a police or customs officer or frontier guard may conduct a general search of domicile without prior authorization. A third party summoned as a witness should be present, if possible. A special search may not be conducted in the absence of a search representative. A search shall not cause any more inconvenience than necessary and may not be conducted, as a rule, between 10 pm and 7 am.