| Subject matter: Domiciliary search Keywords: Procedural safeguards Rights of the defence and to a fair trial Inviolability of the home |
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).