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: Франция

Повърхностно обискиране на лицето (301)

1. MEASURE IMPLEMENTATION

Франция

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

The purpose of a superficial body search is to look for signs/clues, objects or documents to make it possible to establish that an offence has been committed. To this end the procedure involves an examination of the clothes and body of a person (for which the person may have to be undressed) in order to find various traces of a fight/struggle or of injections/punctures to the skin. Intimate searches, which can pose a problem in terms of respect for the physical integrity of the person, are carried out by a doctor. A distinction is made between a body search and a security search (the latter being limited to the patting down or rubbing down of clothing). In contrast, the body search is an actual investigation which may involve the person undressing completely and opening the linings of his or her clothing. The latter is now regarded as a search in case law.

2. LEGAL FRAMEWORK

Франция

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters of 29 May 2000. Failing that and in view of the urgency, article 15 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959.

3. COMPETENT AUTHORITY TO:

Франция

* receive the request/decision for judicial cooperation

Officers and investigators of the judicial police (the criminal investigation department), the national police and the national gendarmerie.

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

N/A

4. ACCEPTED LANGUAGES

Франция

Accepted languages for the request/decision

A translation in French is not required (article 16 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. The Additional Protocols to this Convention, and the MLA Convention of 29 May 2000, simply complement the original Convention and do not raise any question of translation requirements) but it is nonetheless recommended that a translation be provided, in order to facilitate and expedite the execution of the request for assistance.

5. EXECUTION DEADLINE

Франция

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

Data not available.

6. CONCISE LEGAL PRACTICAL INFORMATION

Франция

a. Special requirements

Searches can be carried out on all persons who appear to have been involved in the offence or who may be in possession of documents or objects relating to the facts which constitute the criminal offence, as well as all persons who are the subject of custody measures. The searches are carried out in police stations or stations of the gendarmerie (police), or, when they are conducted by a doctor, in doctors' surgeries or hospitals. The searches, apart from those carried out by a doctor, are conducted by a person of the same sex as the person who is being searched. They are carried out in an enclosed area in order to maintain the privacy of the person and the secrecy of the investigation. This request is most likely to be made in conjunction with a request for the hearing of a person.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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