EIO/LoR needs to be received for searching a home, other premises, fenced area, vehicle, information system or a data-storage medium.
In the pre-trial phase of the criminal proceedings the EIO/LoR shall be received by the competent district prosecution office, while at the trial phase it shall be submitted to the competent district court, in the jurisdiction of which, the search has to be realized.
Search is admissible, if it is expected to lead to, the apprehension of a perpetrator of a criminal offence, the detection of traces of a criminal offence, the discovery of a means of evidence, the discovery of a thing that may be subject to confiscation or forfeiture of assets, or the examination of an information system or data-storage medium.
The purpose and supporting facts to the search should be included in the EIO/LoR. It shall also specify the person, means of evidence, thing that may be subject to confiscation or forfeiture of assets, information system, or data-storage device to be found during the search.
If a search is to be conducted in the offices of a notary, or in a law office, for the purpose of gaining access to protected data related to the activities of a notary or an attorney-at-law, it shall be ordered by a court. At any search conducted in the offices of a notary, or in a law office, the attendance of a prosecutor shall be obligatory.
Search shall be conducted in the presence of the owner, possessor, or user of the real estate or the vehicle concerned. It may also be conducted in the presence of the defence counsel or a representative of, or an adult person authorised by, the owner, possessor, or user of the real estate or vehicle concerned.
Pursuant to our CCP, a coercive measure restricting the right to privacy, or of ownership, shall be executed between the sixth and twenty-second hours of the day, if possible.