The officer responsible for the execution of a warrant for the bringing in, arrest or search of a person may not enter a citizen’s home before 6am or after 9pm. The same applies when the officer is responsible for the arrest of a person who is the subject of an extradition request or a European arrest warrant.
He may be accompanied by sufficient force to ensure that the person cannot evade the law. The force shall be taken from the place nearest to where the warrant is to be executed and shall be required to comply with the requisitions contained in the warrant.
If the person cannot be seized, an unsuccessful search and seizure report is sent to the magistrate who issued the warrant. The person is then considered to be under investigation for the purposes of Article 176.