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

Агресивно обискиране на лицето (302)

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 (AJA). 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. Examinations of the body’s cavities is a key example of an invasive body search.

2. LEGAL FRAMEWORK

Дания

International legal framework applicable for this measure in your Member State

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

Invasive searches may only be conducted, if - The individual is charged with a criminal offence, and - There is a substantiated suspicion that the individual is guilty of an offence, which under the law can result in imprisonment for one year and six months or more or a violation of the Criminal Code concerning distribution of child pornography, and - The measure is presumed to be of crucial importance to the investigation.

b. Other useful information

Decisions of invasive body searches in the form of closer examinations of the appearance of the body, securing samples, including extraction of blood and saliva samples, are made by the police. Decisions of all other invasive body searches are made by the court in the form of an order or after written consent from the person charged with the offence. Invasive body searches involving a closer examination of the body, including searches of its cavities, extraction of blood samples or other comparable samples, x-ray, and similar, may only be conducted with the participation of a physician. The physician decides whether conduction of the examination, considering the associated pain and risk, as well as the condition of the examined person, is medically acceptable.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
  • ® 2021 EJN. All Rights Reserved