A search of a person may be carried out if there are grounds to suspect that a particular person has committed a criminal offence and it is probable that traces and objects of importance to criminal proceedings will be discovered during the search. A body search may be made of the defendant or other persons. A body search shall include a search of clothes, footwear, body surface, movable property carried by the person, or which are in his/her possession.
A personal investigation can only be carried out if one of the following legal grounds is given: -the consent of the person being investigated, -a court order (if there is no consent) or -exceptionally, authorization given by a law.
Invasive body search is an physical examination which requires knowledge of the medical profession. A physical examination of the accused may be made without his or her consent if it is necessary to establish facts material to criminal proceedings by such examination. Physical examination of other persons may be made without their consent only when it is necessary to establish if a trace or consequence of a criminal offence exists on their body. Taking a blood sample and other medical examinations, performed according to the appropriate medical procedures for the purpose of analysis and the establishment of other facts material to criminal proceedings, may be carried out without the consent of the person being examined, save where such an examination might cause damage to his or her health. In this case is necessary to have a court order for the body search.
The superficial body search is carried out by the police, a physical examination by the appropriate medical professionals. A search of a women carried out by the police shall be carried out by a person of the same sex.