Article 101Apposition de scellés ou marquage des biens saisis

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2892/2536 (1993)

   Where seized property is bulky, such as a car and its parts, and inconvenient to wrap and seal, photographing it is treated as marking it with a distinguishing sign in compliance with Section 101.

   Because the seized items were a car and car parts, it was not convenient to pack and seal them. The court held that photographing the property counted as marking it with a distinguishing sign, and so complied with Section 101.

2. Arrêt de la Cour suprême n° 5455/2534 (1991)

   Where the circumstances are of great urgency, because the goods could easily be moved away and important evidence lost before a warrant could be obtained the next day, a senior police officer may search premises at night without a warrant. Where the seized items were checked and the defendant signed the property list certifying that it was correct, that list may be used against him.

   The defendant's associates were arrested driving car parts obtained by crime out of the warehouse, and inside the warehouse further parts had been cut up and loaded onto another pickup that could easily be driven away. The Supreme Court held there was great urgency, so the senior investigating officer could search the warehouse at night without a warrant. The many seized car parts had been checked and the defendant had signed the property list certifying it was correct, so the list could be used against him.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.