Investigatory Experimentation

the experimental reconstruction of actions, a setting, or other circumstances linked with a crime under investigation. The investigatory experimentation is carried out during preliminary or judicial investigation for the purpose of verifying and precisely specifying data of significance as evidence in a criminal case. It permits the determination of whether certain actions could have been committed by a given person under specific conditions and whether the event that occurred could have been seen, heard, or otherwise perceived. The results are used in constructing and verifying investigative versions.

Investigatory witnesses must be present during investigatory experimentation. An accused, suspect, victim, or witness may participate in the experimentation. The investigator (court) has the right to engage a specialist whose knowledge is essential to the conduct of the experimentation. When necessary, the investigator may take still photographs and motion pictures, draw up plans and diagrams, and make measurements. A record of the investigatory experimentation must be drawn up.