Perquisition and Lifting of Objects and Documentary Evidence
Perquisition and Lifting of Objects and Documentary Evidence

Summary/Abstract: Since the application of precautionary measures necessarilyinvolves the implication of an authority who accomplishes it into a person’shome, even against that person’s will, in order to identify and evaluate thebelongings found, or to confiscate it if necessary, it is imposed conclusivelythat the legislator- within the limits of the Constitution-empowered theauthorities invested with such an attribution with the right to enter thehouse of those to whom the precautionary measure is to be applied, legallyordered. Thus, it would lead to the unacceptable conclusion according towhich the authority applying the precautionary measure is presenting itselfwithout the prosecutor's authorization at the residence of the person towhom it is to be applied, as the law does not provide for such anauthorization- in case of resistance to entering the residence, the authoritywill have to interrupt the application of the measures until the authorizationis obtained, thereby jeopardizing the efficiency of the enforcement measure.

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