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TC > Jurisprudence > Summaries > Summary 507/1994
Subject matter:
Domiciliary search

Keywords:
Procedural safeguards
Rights of the defence and to a fair trial
Inviolability of the home
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RULING Nº 507/94

14 of July of 1994




Summary:

The Court held it to be unconstitutional to interpret provisions of the Code of Criminal procedure to mean that a house search (in the present case a search of the room of a person suspected of rape) and subsequent removal of evidence could be effected by police officers with the permission of a third party who was not suspected of any offence but owned the premises (in the present case the bedroom concerned).

Supplementary information:

The judgment also raised procedural issues (on which two of the judges delivered a dissenting opinion).


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