Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Дания

Повърхностно обискиране на лицето (301)

1. MEASURE IMPLEMENTATION

Дания

Is this measure possible in your Member State under International Judicial Cooperation?

The rules concerning superficial body searches can be found in chapter 72 of the Administration of Justice Act. The boundary line between invasive body searches and superficial body searches can be expressed as the difference between searches where touching of the body is required and searches where no such contact is needed.

2. LEGAL FRAMEWORK

Дания

International legal framework applicable for this measure in your Member State

Art. 1(1) of the Convention of 20 April 1959 on Mutual Assistance in Criminal Matters.

3. COMPETENT AUTHORITY TO:

Дания

* receive the request/decision for judicial cooperation

For serious economic offences: The State Prosecutor for Serious Economic and International Crimes. Other offences: Local Police and Prosecution District.

* execute/recognise the measure (if other than the receiving authority)

For serious economic offences: The State Prosecutor for Serious Economic and International Crimes. Other offences: Local Police and Prosecution District.

4. ACCEPTED LANGUAGES

Дания

Accepted languages for the request/decision

Denmark will receive requests in Danish, Norwegian, Swedish or English but will also receive requests in French and German although translation may be done at sending states expense.

5. EXECUTION DEADLINE

Дания

Deadlines for the execution of the request/decision (where applicable)

N.A.

6. CONCISE LEGAL PRACTICAL INFORMATION

Дания

a. Special requirements

When assessing if a superficial body search may be applied as an investigative measure it is decisive whether or not the subject of the search is charged with a criminal offence. Thus the requirements for applying a superficial body search can be divided into two categories. (a) When the individual is charged with a criminal offence (b) When the individual is not charged with a criminal offence Re (a): The following two requirements must be met: - The individual must on reasonable grounds be suspected of an offence, which is prosecuted by the State, and - The measure must be presumed to be of significant importance to the investigation. Re (b): The following requirements must be met: investigation. - The individual consents to the measure. Or - The investigation concerns an offence, which under the law can result in imprisonment for one year and six months or more, and - The measure must be presumed to be of crucial importance to the investigation. Or - The individual on reasonable grounds is suspected of an offence, which under the law can result in imprisonment for one year and six months or more. (in this case the measure may only be used to obtain fingerprints and photographs)

b. Other useful information

The decision to conduct a superficial body search against a suspect is made by the police. The decision to conduct a superficial body search against a person who is not charged is made by the court in the form of an order.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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