国外的身体检查制度

On the Personal Examination of the Criminal Procedure

根据侵犯公民权利程度的不同,身体检查可以分为一般身体检查和重大身体检查两种。有权批准实施一般身体检查措施的可以是警察或检察官,有权批准实施重大身体检查措施的只能是法官。身体检查的对象包括被追诉人、被害人和证人等。适用身体检查措施必须符合比例原则的要求。在实施身体检查的过程中必须关注对被检查人权利的保障。

Personal examination can be classified into two groups based on the degree of the violation exerted to the human rights: the ordinary personal examination and the vital personal examination. The ordinary personal examination can be authorized by the chief police officer or by the prosecutors, while the vital personal examination can be authorized only by the judge. The objects of the personal examination are the accused, the victim, and the witness, etc. The requirement of the principle of proportionality must be met in the applying of the personal examination. In the executing procedure of the personal examination, great attention must be paid to the human rights protection.