Such urgent searches , and the judicial police shall not launch them on their own. (4) Agree to search For judges, prosecutors and other personnel who do not have search tickets, if they still agree to search, they are voluntarily abandoning their rights guaranteed by the law. The voluntary consent of the person being searched must be obtained prior to the search . You can also express your disagreement if you do not want to be searched. Could there be a question of coercion? In addition to the provisions of the Criminal Procedure Law on various elements of search, the Law on the Exercise of Police Powers also stipulates that the exercise of police powers should comply with the principle of proportionality and avoid excessive infringement of the rights and interests of the people.
Article 3 of the Act on the Exercise of telemarketing list Police Powers In exercising their powers, the police shall not exceed the necessary limits to achieve the purpose of execution, and shall do so in an appropriate manner that minimizes the violation of the rights and interests of the people. If the police have achieved their purpose by exercising their powers, or, according to the circumstances at the time, believe that the purpose cannot be achieved, they shall terminate the execution according to their powers or upon the application of the obligor or interested party. In exercising their powers, the police shall not lure or instigate people to commit crimes or other illegal means.
Therefore, if the police ask for "undress for examination" without consent, in addition to violating the requirements of "consent to search", it may also violate the criminal law compulsion . Section 304 of the Criminal Code Whoever uses violence or coercion to force a person to do something without obligation or obstructs the exercise of a person's rights shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or a fine of not more than 9,000 yuan. The attempted violation of the preceding paragraph shall be punished.