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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: At the moment the Dutch Custodial Institutions Agency (DJI) is evaluating various options on how to deal with objects that are classified as being contraband. Given the right of ownership, there is a difference between objects that are allowed in the outside world, such as mobile phones, and objects that are not permitted in the outside world, such as drugs and weapons. DJI would like to collect information on how other countries deal with issues regarding the confiscation and destruction contraband.
Searching of prisoners 92.—(1) Every prisoner and his or her property and accommodation may be searched in accordance with this rule. (2) An officer may conduct a search of a prisoner at any time and this search may involve any number of the following processes— (a)a search of the prisoner’s person including the prisoner’s clothing prior to removal of the clothing under sub-paragraph (c); (b)a search of the prisoner’s clothing after removal of the clothing under sub-paragraph (c); (c)the removal of the prisoner’s clothing; (d)a visual examination of the external parts of the prisoner’s body after the removal of the prisoner’s clothing; (e)a visual examination of the prisoner’s open mouth but no equipment or force may be used; (f)a search of any items of property in the prisoner’s possession; (g)a search of the prisoner’s cell or room including any items of property found in the cell or room. (3) Where a search is conducted under paragraph (2)— (a)in the case of a search under paragraph (2)(a), the officer carrying out the search must be of the same gender as the prisoner; (b)in the case of a search under paragraph (2)(c) or (d), the officer carrying out the search must be of the same gender as the prisoner and at least one other officer of the same gender must be present during the search; (c)in the case of a search under paragraph (2)(c) or (d), the search must be conducted outwith the sight of any other person who is not an officer of the same gender as the prisoner; (d)except in the case of a search under paragraph (2)(e), the use of force is permitted where it is necessary and such force must be reasonable and proportionate to the threat or resistance posed by the prisoner; and (e)the search must be carried out as quickly and decently as possible. (4) A search conducted under paragraph (2), other than a search carried out under paragraph (2)(d) or (e), may be carried out by hand. (5) A search conducted under paragraph (2), other than a search carried out under paragraph (2)(c), (d) or (e), may be carried out by— (a)the use of equipment involving the application of a suction device or a swab on or to the prisoner’s clothing, any items of property mentioned in paragraph (2)(f) or (g) or any part of the prisoner’s cell in order to collect substances from their surface; (b)the use of equipment involving the analysis of substances collected under sub paragraph (a) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance; (c)the use of equipment designed to detect the existence of metal objects or any prohibited article; or (d)the use of trained sniffer dogs under the control of a trained officer. (6) Where a search conducted under paragraph (2) involves the use of equipment under paragraph (5)(a), (b) or (c), that equipment must be used in accordance with the manufacturer’s instructions. (7) Where an officer finds any prohibited article in the course of a search conducted under this rule, he or she may seize that article and deal with it in accordance with rule 104. (8) Nothing in this rule permits the physical examination of the prisoner’s body orifices. (9) For the purposes of this rule, any power to search includes the power to examine. Prohibited articles 102.—(1) A prisoner must not— (a)possess a prohibited article; (b)conceal or deposit a prohibited article anywhere within a prison. (2) Subject to paragraph (3), it is prohibited for any person to— (a)convey a prohibited article to a prisoner whether inside or outside a prison; (b)throw or otherwise convey a prohibited article into a prison; (c)conceal or deposit a prohibited article in any place (whether inside or outside a prison) intending it to come into the possession of a prisoner. (3) A prisoner may be allowed to receive controlled drugs which are prescribed to him or her by written order of a healthcare professional in the course of his or her professional duties and where the written order specifies— (a)the name of the prisoner for whose use the drugs are intended; and (b)the quantity and description of the drugs. (4) Any conduct which is in breach of this rule may— (a)where the conduct has been committed by a prisoner, lead to disciplinary proceedings being brought against the prisoner under Part 11; and (b)where the conduct has been committed by a visitor, lead to that person being removed from the prison under rule 107 Seizure and treatment of prohibited articles and unauthorised property 104.—(1) Any item found— (a)in the possession of a prisoner or any other person in the prison; or (b)anywhere else in the prison, may be seized by the Governor where the Governor has reasonable cause to believe that the item is a prohibited article or unauthorised property. (2) Subject to the following paragraphs any item that is seized under paragraph (1) may be retained by the Governor for no longer than is necessary to establish whether the item is a prohibited article or unauthorised property. (3) Where the Governor is satisfied that an item seized under paragraph (1) is not a prohibited article or unauthorised property, the Governor must— (a)return the item to its owner; (b)where nobody claims ownership of the item upon reasonable enquiries being made by the Governor, return the item to the person from whom it was seized; or (c)where nobody claims ownership of the item and the item was not found in the possession of any person in the prison, dispose of or destroy the item by any appropriate means. (4) Where the Governor is satisfied that an item seized under paragraph (1) is a prohibited article the Governor may deal with the item as appropriate subject to— (a)any powers of seizure exercisable by the police; and (b)paragraph (5). (5) Where the Governor is satisfied that an item seized under paragraph (1) is a personal communication device, the Governor may deal with that personal communication device as follows:— (a)where the personal communication device is seized from a prisoner it may be retained in order to be returned to the prisoner upon his or her release; (b)where the personal communication device is seized from any other person in the prison it may be retained in order to be returned to that person upon his or her departure from the prison; (c)where the personal communication device is seized and nobody claims ownership of it, upon reasonable enquiries being made by the Governor, it may be disposed of or destroyed by any appropriate means. (6) Where the Governor is satisfied that an item seized under paragraph (1) comprises unauthorised property the Governor may deal with the item in any of the following ways— (a)where the item is seized from a prisoner it may be retained in order to be returned to the prisoner upon his or her release; (b)where the item is seized from any other person in the prison it may be retained in order to be returned to that person upon his or her departure from the prison; (c)in any other circumstances the Governor may dispose of or destroy the item by any appropriate means.
If yes, what are the legal grounds?The Prisons and Young Offenders Institutions (Scotland) Rules 2011
If yes, how does this relate to (international) rights of ownership?See Q1
Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs?Unauthorised or Prohibited Articles include, but are not restricted to, any article or weapon that could be considered a weapon; any illegal drugs, illicit substance or any medication not prescribed for a Prisoner’s personal use; any mobile phone, pager or other personal communication device (including SIM cards, chargers or related paraphernalia), or other article that the Prisoner is not authorised to have in his/her possession at that time or place, and articles which are prohibited within establishments.
Do you make a distinction between objects found on prisoners and objects found on visitors?Searching of visitors 106.—(1) An officer may request a visitor to consent to a search which may involve any number of the following processes— (a)a search of the visitor’s person; (b)a search of the visitor’s clothing; (c)a visual examination of the visitor’s open mouth but no equipment or force may be used; (d)a search of any items of property in the visitor’s possession; (e)where the visitor is in charge of any vehicle which they intend to take into any restricted area of the prison, a search of that vehicle and any items of property found in that vehicle. (2) Where the visitor has given his or her consent to be searched following a request made under paragraph (1), the officer may conduct a search of the visitor— (a)prior to the visitor’s admission to the prison; (b)at any time whilst the visitor is in the prison where the Governor considers that— (i)the visitor has failed to comply with rule 105(6); (ii)in the case of any visit taking place in terms of rule 73, the terms of an undertaking given for the purposes of rule 73(3), have been breached; (iii)there has been a contravention of any restrictions or conditions specified in a direction made under rule 77(3); or (iv)the visitor may have in his or her possession a prohibited article or any unauthorised property in relation to the prisoner being visited; and (c)in the case of a search of any vehicle in accordance with paragraph (1)(e)— (i)prior to the vehicle entering any restricted area of the prison; and (ii)prior to the vehicle leaving any restricted area of the prison. (3) Where a search is conducted under this rule— (a)in the case of a search mentioned in paragraph (1)(a) or (b) the officer conducting the search must be of the same gender as the visitor; (b)the search must be conducted as quickly and decently as possible; and (c)the use of force by the officer conducting the search is not permitted. (4) A visitor who is being searched under this rule cannot be required to remove, and a search under this rule must not involve the removal of, any clothing other than an outer coat, jacket, headgear, gloves and footwear. (5) A search conducted under paragraph (1), other than a search carried out under paragraph (1)(c), may be carried out by— (a)hand; (b)the use of equipment involving the application of a suction device or a swab on or to the visitor’s clothing, any items of property mentioned in paragraph (1)(d) or (e), or any vehicle mentioned in paragraph (1)(e) in order to collect substances from their surface; (c)the use of equipment involving the analysis of substances collected under sub paragraph (b) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance; (d)the use of equipment designed to detect the existence of metal objects or prohibited articles; and (e)the use of trained sniffer dogs under the control of a trained officer. (6) Where a search conducted under this rule involves the use of equipment under paragraph (5)(b), (c) or (d), that equipment must be used in accordance with the manufacturers instructions. (7) Where an officer finds any prohibited article in the course of a search conducted under this rule, he or she may seize that article and deal with it in accordance with rule 104. (8) Where a visitor is searched by an officer under section 41(2A) of the Act(1)— (a)an officer of the same gender as the visitor must conduct the search and another officer of the same gender must be present during the search; (b)subject to sub-paragraph (c), the search must be conducted outwith the sight of any person who is not an officer; (c)where the visitor is under 16 years of age, the search must be conducted in the presence of an accompanying adult; (d)the search must be conducted as quickly and decently as possible; and (e)if it is necessary to use reasonable force under section 41(2B)(d) of the Act(2), the force used must be proportionate to the threat or resistance posed by the visitor. (9) For the purposes of this rule— (a)any power to search includes the power to examine; and (b)a “restricted area of the prison” means any area of the prison to which access is controlled but does not include car parks provided for the use of visitors, persons providing contracted out services, healthcare professionals, officers or employees.
While Prison Rules 33 and 34 and Security Manual Chapters 19 and 20 allude to finding unauthorised articles there is no written policy of what happens to it. In operation, unauthorised articles are either, (a) destroyed, (b) retained for adjudication- then destroyed or (c) handed over to PSNI.
If yes, what are the legal grounds? If yes, how does this relate to (international) rights of ownership? Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs?No with the exception that any illegal items are handed over to PSNI
Do you make a distinction between objects found on prisoners and objects found on visitors?No, not after the Visitor has entered the establishment.
Yes. The Internal Regulations of Penitentiary Establishments sets forth that inmates are allowed to have items included on the list of Items Allowed in a Penitentiary Establishment. Maximum weight of personal belongings that inmates are allowed to bring to a penitentiary establishment is 20 kg. All items and food that exceed the weight limit or are not included in the list of allowed items shall be confiscated. A protocol shall be drawn up, all confiscated items shall be registered in a journal or e-system. Confiscated food products shall be destroyed. Other confiscated items shall be stored either in a storage room, or, in case of a written inmate’s request, forwarded to his/her relatives, spouse or, upon a prison director’s permission, to the third persons. Provided an inmate, within 3 months period, fails to name a person his/her items to be handed over to, or the nominated persons fail to collect the stored items, the items shall be destroyed.
If yes, what are the legal grounds?The Confiscation and destruction of contraband is regulated by the Internal Regulations of Penitentiary Establishments
If yes, how does this relate to (international) rights of ownership?n/a
Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs?In case of drug smuggling – the case shall be handed over to the police. Same with weapons. Found ownerless mobile phones shall be destroyed, if an owner is known, internal investigation shall be launched.
Do you make a distinction between objects found on prisoners and objects found on visitors?Visitors shall be handed over to the police, inmates shall have internal investigation launched against them.
No specific policy. However, the Prison Rules 2007 (Statutory Instrument 252 of 2007) provides for contraband to be used as evidence to the offence for which a prisoner is to be charged.
If yes, what are the legal grounds?n/a
If yes, how does this relate to (international) rights of ownership?n/a
Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs?No distinction is made as all fall under the list of prohibited articles within the prison and all are in contravention of the Prison Rules.
Do you make a distinction between objects found on prisoners and objects found on visitors?No. Any object that is prohibited in the prison carries the same status whether it is found on a prisoner or on a visitor attempting to bring an object into the prison
Provisions on the possession of property in prison are laid in chapter 9, section 1 of the Imprisonment Act when it concerns sentenced prisoners and chapter 5, section 1 of the Remand Imprisonment Act when it concerns remand prisoners. According to the provisions, the possession of an object or substance may be denied if, among other things, the object or substance poses a threat to the safety of a person or the possession of the object or substance is, when taking into account the conditions and the level of supervision in the prison or a prison ward, detrimental to general prison order. If a prisoner has prohibited property referred to in the provisions, the property can be taken from the prisoner’s possession. The provisions on the possession of property do not, however, mean that an object or substance prohibited in prison could be automatically destroyed but there have to be distinct grounds for that laid down in the legislation. For instance, spoiled goods may be destroyed in the presence of a witness under the Imprisonment Act and the Remand Imprisonment Act, whereas provisions on the delivery of narcotics for destruction are laid down in the Narcotics Act. In practice, narcotic substances found in prison are handed over to the police who sign it as received.
If yes, what are the legal grounds?Chapter 9, section 1 of the Imprisonment Act and chapter 5, section 1 of the Remand Imprisonment Act and possible provisions on the confiscation and destruction of property included in other acts.
If yes, how does this relate to (international) rights of ownership?The concrete cases are based on our national legislation where we have to find pertinent grounds for confiscating and/or destructing property. The rights of ownership are taken into account when the laws are enacted. Moreover, the legislation has to be interpreted in each individual case so that it is in favour of the fundamental and human rights.
Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs?If the legislation does not provide pertinent grounds for the destruction of property, property that is prohibited in prison but permitted in the outside world cannot be destroyed. However, such property that is prohibited in prison can be taken from the prisoner’s possession in prison under chapter 9, section 1 of the Imprisonment Act or chapter 5, section 1 of the Remand Imprisonment Act.
Do you make a distinction between objects found on prisoners and objects found on visitors?Provisions on the possession of property that are laid in chapter 9, section 1 of the Imprisonment Act and chapter 5, section 1 of the Remand Imprisonment Act apply to prisoners. Pursuant to chapter 17, section 4 of the Imprisonment Act and chapter 12, section 4 of the Remand Imprisonment Act, a public official, who performs guidance or supervisory tasks and is conducting a security check or a non-intimate body search on a person visiting the prison, has, however, the right to remove an object or substance that could pose a risk to the safety of a person or to prison order, that is particularly suitable for damaging property, or the possession of which is otherwise prohibited in or under the law found during the check or search or otherwise. The removed objects and substances shall be handed over to the police or, provided that there is no impediment to it under the law, returned to the person checked or searched when he or she leaves the prison.
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Slovak legislation concerning prison policy defies exhaustively the list of permitted objects that inmates can carry during pre-trial and prison sentence execution. The specific list of permitted objects is specified in the Act on Pre-trial Detention and Act on Prison Sentence execution. Upon entry to pre-trial detention and prison sentence execution, inmates are taken away any objects that could endanger life, health, property or security of inmates and prison staff. It concerns objects that could be misused for an escape (knifes, screwdrivers, various keys and the like), audio-visual technology devices (mobile phones, USB ports, Micro SD cards), addictive substances (drugs, medicines) and the like. If prison staff finds any contraband (mobile phone, drugs and the like) in a prison (cell, social room, kitchen and the like), these are secured in compliance with the internal regulations and lawfully confiscated and forfeited. If a medicine or powder is found – suspicion of drugs, these objects are sent to a medical laboratory outside prison. If the lab tests confirm any drug, the case is investigated by the Police Force of the Slovak Republic. Forfeiture of a thing can be imposed if the objects belongs to an inmate who committed a misconduct and this object was - Used for commission of the misconduct or was determined for it, - Gained by the misconduct or - Gained as a reward for an objects gained by a misconduct. Confiscation is applied if the object does not belong to the inmate responsible for the misconduct and if security of persons or property require it. Confiscated and forfeited objects become property of the Slovak Republic. In case persons entering prisons (advocates, supply vehicles, visits of inmates and the like) want to bring forbidden objects into prisons, prison service is not entitled to arrest them. These persons are suspected of commission an offence under provisions of the Law on Offences.
If yes, what are the legal grounds? If yes, how does this relate to (international) rights of ownership? Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs? Do you make a distinction between objects found on prisoners and objects found on visitors?The destruction of confiscated and found objects, substances and items in imprisonment places is carried out according with the requirements of Latvian Prison Administration regulations signed on 9th March 2006 No. 1/12-1/kart "Procedures for searches in imprisonment places" Chapter VI.
If yes, what are the legal grounds?Procedure is issued according with State Administration Structure Law – Section 72 Part 1 Clause 2 as well as Cabinet regulation No.423, adopted 30th May "Internal regulations of deprivation of liberty institution" Clause 7, which states that objects, substances and items found with convicted person during the search, that are prohibited and that were not voluntarily transferred, are to be seized and destroyed, and an act is drawn up. And according with Cabinet regulation No.800, adopted 27th November "Internal regulations of investigation prison" Clause 11, which states that objects, substances and items found with detainee during the search, that are prohibited and that were not voluntarily transferred, are to be seized and destroyed, and an act is drawn up.
If yes, how does this relate to (international) rights of ownership?-
Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs?No, in Latvian imprisonment places there is no distinction between objects that are allowed outside prison (e.g. mobile phones) and those objects that are not allowed outside prison (e.g. narcotic substances, weapons). All such objects, substances and items are prohibited in imprisonment places. The law also states what is allowed to be kept, purchased and received in consignments and parcels within the imprisonment places. Objects, substances and items that are not mentioned in normative acts are considered as objects that are prohibited to be brought into, used and kept in imprisonment place, unless authorized by the official in charge.
Do you make a distinction between objects found on prisoners and objects found on visitors?Yes, Latvian prison system uses this distinction.
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Prison Service Instruction (PSI) 12/2011; Prisoners’ Property and Prison Instruction 14/2015; Disposal of Prisoners Unauthorised Property outline the procedures for the confiscation and disposal of prisoners’ unauthorised or unattributable property. In addition to this any seized substances are sent for forensic analysis and will be destroyed by our forensic analysis provider once charges have been laid with the prisoner.
If yes, what are the legal grounds?Rule 43 (5) of the Prison Rules 1999 reads as follows: The governor may confiscate any unauthorised article found in the possession of a prisoner after his reception into prison, or concealed or deposited anywhere within a prison. Section 42A Prison Act 1952 allows for the destruction or disposal of prisoners’ unauthorised property or unattributable property. This includes unauthorised property found in the possession of a prisoner, authorised property which has been modified for an unauthorised use, and property found in a prison or prison escort vehicle which appears to have no legitimate owner or cannot be attributed to an individual prisoner. This power is in addition to the Governors’ powers to destroy property where possession would constitute a criminal offence; the item is inherently dangerous or would constitute a proven health hazard.
If yes, how does this relate to (international) rights of ownership?Rule 43 (5) of the Prison Rules 1999 reads as follows: The governor may confiscate any unauthorised article found in the possession of a prisoner after his reception into prison, or concealed or deposited anywhere within a prison. Section 42A Prison Act 1952 allows for the destruction or disposal of prisoners’ unauthorised property or unattributable property. This includes unauthorised property found in the possession of a prisoner, authorised property which has been modified for an unauthorised use, and property found in a prison or prison escort vehicle which appears to have no legitimate owner or cannot be attributed to an individual prisoner. This power is in addition to the Governors’ powers to destroy property where possession would constitute a criminal offence; the item is inherently dangerous or would constitute a proven health hazard.
Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs?Unauthorised property (for the purposes of PSI 14/2015) is property which an individual prisoner is not authorised to possess, in accordance with the Prison Act 1952, Prison Rules 1999, Prison Service Instructions or as determined by the Governor. Unauthorised property may vary depending on a prisoner’s level on the local Incentives and Earned Privileges scheme. There are three levels of unauthorised property where conveyance of the article into or out of prison without authorisation is criminal offence under sections 40B and 40C Prison Act 1952: List A articles - a controlled drug (as defined for the purposes of the Misuse of Drugs Act 1971); an explosive; any firearm or ammunition (as defined in section 57 of the Firearms Act 1968); any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984). List B articles - alcohol (as defined for the purposes of the Licensing Act 2003); a mobile telephone; a camera; a sound-recording device List C articles - tobacco; money; clothing; food; drink; letters; paper; books; tools; information technology equipment; electronic cigarettes; matches; lighters. The different lists attract different level of penalties. It is a criminal offence under section 40CA Prison Act 1952 to possess a bladed article or other offensive weapon in prison without authorisation. It is a criminal offence under section 40D Prison Act 1952 to possess the following articles in prison without authorisation: · a device capable of transmitting or receiving images, sounds or information by electronic communications (including a mobile telephone); · a component part of such a device; · an article designed or adapted for use with such a device (including any disk, film or other separate article on which images, sounds or information may be recorded). As outlined in PSI 12/2011, a Governor must decide what to do with any item of property which has been temporarily confiscated. This includes whether to authorise the item to be held in possession, to arrange for it be handed out, or to store it until the prisoner is released. In cases where: • possession of the item would itself give rise to a criminal offence (for example, holding controlled drugs and items that can be linked to the trafficking and or misuse of drugs); or • the item is inherently dangerous (such as a primed explosive device, for example), and could not, therefore be safely stored; or • the storage of the item would present a proven health hazard the Governor is authorised to permanently confiscate the item and to subsequently arrange for its safe and proper destruction, in addition to the power to destroy or dispose of certain items under section 42A Prison Act 1952.
Do you make a distinction between objects found on prisoners and objects found on visitors?There is a distinction on the action taken when objects are found on prisoners and objects found on visitors. The action taken in terms of referral to the police is outlines in the Crime in Prison Referral Agreement, Annex A specifies the different criteria for crime referrals.
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Objects that the detainee is carrying upon imprisonment and the possession of which is prohibited/not allowed in the prison, that are difficult to check or result in an excessive workload for the prison officers, objects that the detainee does not want to carry with him, objects that have been taken into custody in exchange for a receipt or objects that have been removed from prison at his request (e.g. by way of a visitor or on the occasion of a penitentiary leave). If other objects than those that are allowed are found with the detainee during detention (e.g. during a body search or cell search), these objects are confiscated. Depending on the nature of the objects, these objects or substances are: • kept in custody on behalf of the detainee in exchange for a receipt; • destroyed with his written consent; • kept at the disposal of the competent authorities with a view to a summons or with a view to establishing of criminal offences.
If yes, what are the legal grounds?- Basic Law of 12 January 2005 concerning the prison system and the legal position of detainees (art. 45, 108 and 109). - Royal decree of 8 April 2011 for the fixation of the date of entry into force and execution of several stipulations of Titles III and V of the Basic Law of 12 January 2005 concerning the prison system and the legal position of detainees (articles 6-9).
If yes, how does this relate to (international) rights of ownership?The detainee decides whether his objects are removed from the prison or destroyed. The taking into custody of objects (in exchange for a receipt) always occurs in name of the detainee in order to be able to return the objects of which he is the owner (at the latest upon release), unless the objects/substances have been confiscated by the judicial authorities.
Do you make a distinction between objects that are permitted in the outside world, such as telephones, and objects that are illegal in the outside world, such as weapons and drugs?See supra. Confiscated objects can (in case they are drugs or forbidden weapons) be kept at the disposal of the judicial authorities with a view to a summons or with a view to establishing criminal offences.
Do you make a distinction between objects found on prisoners and objects found on visitors?For visitors, the prison warden has the ability to only allow visits provided a preliminary search of the objects or substances that the visitor has brought, or a search of the clothing for the presence of objects/substances that could pose a risk for the order or the security. Insofar as their possession is incompatible with the established rules for the visit, visitors’ objects are taken into custody as well for the duration of the visit or kept at the disposal of the judicial authorities.