SECTION 5 SEARCH
Article 109 In order to collect criminal evidence and track down an
offender, investigators may search the person, belongings and residence
of the criminal suspect and anyone who might be hiding a criminal or
criminal evidence, as well as other relevant places.
Article 110 Any unit or individual shall have the duty, as required by
the People's Procuratorate or the public security organ, to hand over
material evidence, documentary evidence or audio-visual material which
may prove the criminal suspect guilty or innocent.
Article 111 When a search is to be conducted, a search warrant must be
shown to the person to be searched.
If an emergency occurs when an arrest or detention is being made, a
search may be conducted without a search warrant.
Article 112 During a search, the person to be searched or his family
members, neighbours or other eyewitnesses shall be present at the scene.
Searches of the persons of women shall be conducted by female officers.
Article 113 A record shall be made of the circumstances of a search, and
it shall be signed or sealed by the investigators and the person
searched or his family members, neighbours or other eyewitnesses. If the
person searched or his family members have become fugitives or refuse to
sign or affix their seals to the record, this shall be noted in the
record.
SECTION 6 SEIZURE OF MATERIAL EVIDENCE AND DOCUMENTARY EVIDENCE
Article 114 Any articles and documents discovered during an inquest or
search that may be used to prove a criminal suspect's guilt or innocence
shall be seized. Articles and documents which are irrelevant to the case
may not be seized.
Seized articles and documents shall be properly kept or sealed for
safekeeping and may not be utilized or damaged.
Article 115 All seized articles and documents shall be carefully checked
by the investigators jointly with the eyewitnesses and the holder of the
articles; a detailed list shall be made in duplicate on the spot and
shall be signed or sealed by the investigators, the eyewitnesses and the
holder. One copy of the list shall be given to the holder, and the other
copy shall be kept on file for reference.
Article 116 If the investigators deem it necessary to seize the mail or
telegrams of a criminal suspect, they may, upon approval of a public
security organ or a People's Procuratorate, notify the post and
telecommunications offices to check and hand over the relevant mail and
telegrams for seizure.
When it becomes unnecessary to continue a seizure, the post and
telecommunications offices shall be immediately notified.
Article 117 The People's Procuratorates and the public security organs
may, as required by investigation of crimes, inquire into or freeze
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