When a penalty-case investigating official may seize or search, who must be present, and how does the file show that condition was met?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the official's record of the seizure or search, any list of those admitted to take part, and the papers that show what necessity for the investigation the official was working from.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's conditions together: an official investigating a penalty case may seize or search only where that is necessary for the investigation, and when it seizes or searches it must have a person the Presidential Decree designates take part.
Another reading notes that the provision names the participating person only by reference to the Presidential Decree, so the text itself does not say who that person must be, what their role is, or what follows for the seizure or search if no such person took part.
Your judgment
If the papers record that a person attended but do not say under which designation, how should the file show that person was the one the Decree requires?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the Presidential Decree is amended to change who must participate in a seizure or search, or if a court decision states the effect of holding a seizure or search without that participation.