Section 192. If any person is with just cause suspected of an act punishable pursuant to
statute by imprisonment, a search may be made of his residence, premises or storage place in order to undertake an arrest or to look for evidence or objects that may be seized or on which a charge may be created.
A search may be made on any other persons' premises when there is just cause for
suspecting such an act, and
1) the act has been committed or the suspect arrested there,
2) the suspect has been there under pursuit when caught in the act or on finding fresh
clues, or
3) there are otherwise special grounds to assume that the suspect can be arrested, or
that there may be found there evidence or objects that may be seized or on which a
charge may be created.
Section 193. Regardless of whether the conditions prescribed in section 192 are fulfilled, for the purpose of a criminal investigation a search may be made of any buildings or premises that by their nature are accessible to all, or are the site of any activity that requires the
permission of the police.
In the same way a search may be made of barracks, military vessels, and military
buildings and premises. Any person who shall carry out such a search is first obliged to
inform the local military commander.
Section 194. If the suspicion relates to an act punishable pursuant to statute by imprisonment for a term of eight years or more, a search may be made of all buildings or premises in a
specified area if there are grounds to assume that the offender may be hiding in the area, or that evidence or objects liable to seizure may be found there.
Section 195. If any person is with just cause suspected of an act punishable pursuant to
statute by imprisonment, he may be subjected to a personal search if there are grounds to assume that it may lead to the discovery of evidence or of objects that may be seized or on which a charge may be created.
A personal search may be made of persons other than the suspect when the suspicion
relates to an act punishable pursuant to statute by imprisonment for a term exceeding six
months, and special circumstances warrant the making of such a search.
Section 196. A search pursuant to the foregoing provisions may be made even though the suspect may not be convicted and sentenced because of the provisions of section 44 or 46 of the Penal Code. This also applies when the situation has entailed that the suspect has not manifested guilt.
Section 197. Without the written consent of the person concerned, a search pursuant to
sections 192, 194 and 195 may only be made pursuant to a court decision.
If delay entails any risk, the decision may be made by the prosecuting authority. In the
event of a search of editorial offices or the like, the decision shall be made by the public
prosecutor, and only if it is probable that the investigation will be substantially impaired by
waiting for a court decision.
Any decision pursuant to the first or second paragraph shall as far as possible be in
writing and specify the nature of the case, the purpose of the search, and what it shall include.
An oral decision shall be reduced to writing as soon as possible.
Section 198. Without a decision as specified in section 197 a police officer may make a
search:
1) of a place specified in section 193,
2) when the suspect is caught in the act or pursued when so caught or on finding fresh
clues, or
3) when there is strong suspicion of an act punishable pursuant to statute by
imprisonment for a term exceeding six months, and there is an irmninent risk that
the purpose of the search will otherwise be thwarted.
A personal search of persons other than the suspect may nevertheless not be made
without consent or a decision as specified in section 197. No. 3 of the first paragraph shall not apply in the event of a search of editorial offices or the like.
A police officer who pursuant to a decision of the prosecuting authority or a court shall
arrest a suspect may for this purpose make a search of his residence or premises or of any place where there is special reason to assume that he is staying.
Section 199. The search should be conducted by the police as far as possible in the presence of a witness who must not be disqualified according to the provisions of section 110, second paragraph, of the Courts of Justice Act.
A report of the search shall be drawn up on the spot or as soon as possible and it shall
be co-signed by the witness.
Section 199 a. When conducting a search of a data-processing system the police may order everyone who is dealing with the said system to provide the information necessary for
gaining access to the system.
A breach of the duty to provide information which is committed by persons other than
the person charged shall be punishable pursuant to section 339, No. 1, of the Penal Code.
Section 200. Before the search is begun, the decision shall be read aloud or produced. If there is no written decision, information shall be given of the nature of the case and the purpose of the search.
If any person's residence or premises are to be searched, the said person or - in his
absence - one of his household or a neighbour shall be summoned when this can be done without delay. In the event of a search of editorial offices the editor or his deputy shall be
summoned instead when this can be done without delay. If necessary, access may be gained by force. Anything that has been broken open shall, as far as possible, be secured again after the search.
Section 200 a. If any person is with just cause suspected of committing an act or attempt at an act that is punishable pursuant to statute by imprisonment for a term of 10 years or more, or that contravenes sections 90, 91, 91 a, 94, cf. 90,104 a, first paragraph, second sentence,
or 104 a second paragraph, cf. first paragraph, second sentence, or sections 162, or 317, cf. 162, of the Penal Code, the court may by order decide that a search may be instituted without notifying the suspect or other persons. Any increase of the maximum penalty because of
repetition or concurrence of felonies shall not be taken into account.
Permission pursuant to the first paragraph may only be given if it must be assumed that
it will be of substantial significance for the clarification of the case, and such clarification
will otherwise be impeded to a substantial degree.
Section 216 e, second paragraph, shall apply correspondingly. The court may by order
decide that notification of a search and the result thereof may also subsequently be postponed if it is strictly necessary for the investigation of the case that notification shall not be given. A decision to postpone notification for up to eight weeks at a time may be made, and notification shall be given not later than when an indictment is preferred. In cases concerning a contravention of chapter 8 or 9 of the Penal Code the court may decide that notification may be postponed for up to six months at a time or completely omitted. Section 216 f second paragraph shall apply correspondingly.
When the time-limit for postponing notification has expired and has not been extended, the suspect shall be notified of the order and the search. If anything has been seized, the
suspect and other persons who are affected by the seizure shall also be notified of the seizure and of their right pursuant to section 208 to require the question whether the seizure shall be affirmed to be submitted to the court.
Section 208 a, fourth paragraph, second and third sentences, shall apply
correspondingly.
When the police request the court's consent pursuant to this provision, section 216 d,
second paragraph, shall apply correspondingly. If delay entails a great risk that the investigation will be impaired, an order from the prosecuting authority may take the place of a court order, but not for a period exceeding 24 hours. Section 197, second paragraph, second sentence, and third paragraph, and section 216 d shall apply correspondingly.
Otherwise the provisions of chapter 15 shall apply in so far as they are appropriate.
Section 201. The search shall be conducted as considerately as the circumstances permit.
Only in urgent cases should a search be conducted on public holidays or at night (between 2100 and 0600 hours) except in the case of a building or premises to which there is general access also at such times.
When considerations of modesty so require, a personal search shall be conducted by a
person of the same sex as the person being searched.
Section 202. Inspections for the purpose of a criminal investigation at a place of another kind than that specified in section 192 may without the consent of the owner or occupier be made pursuant to a decision of the court, the prosecuting authority or - if delay entails any risk - a police official.
Please note this is an unofficial translation.