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: Люксембург

Медицински психиатричен преглед (303)

1. MEASURE IMPLEMENTATION

Люксембург

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

"Yes. Legal expert evaluation carried out by a specialist in mental illness, i.e. a psychiatrist, aiming at establishing a person’s mental condition. Scope: all criminal offences, as soon as there is reason to believe that the person to be examined is insane, seriously mentally unbalanced or mentally retarded, rendering him or her incapable of controlling his or her actions at the time of the facts. No alternative measures."

2. LEGAL FRAMEWORK

Люксембург

International legal framework applicable for this measure in your Member State

"1959 Convention 2000 Convention" Directive 2014/41/EU

3. COMPETENT AUTHORITY TO:

Люксембург

* receive the request/decision for judicial cooperation

"As a matter of principle: the examining magistrate, under the conditions set forth by article 87 of the Code of Criminal Procedure. Transmission of the report subjet to leave of the Court sitting in chambers of council. "

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

N/A

4. ACCEPTED LANGUAGES

Люксембург

Accepted languages for the request/decision

Translation of the letters rogatory / EIO and attached documents into French, German and English

5. EXECUTION DEADLINE

Люксембург

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

for EIOs: as per Directive 2014/41/EU & art. 18 et seq. of the Law of 1 August 2018 on the EIO

6. CONCISE LEGAL PRACTICAL INFORMATION

Люксембург

a. Special requirements

"To be requested by international letters rogatory / EIO. Contents: - an indication of the authority making the request; - a summary of the facts; - an indication of the criminal conduct under investigation; - the object of and the reason for the request; - precise information for the purpose of identifying the person to be examined; and - a concise indication of the expert’s mission, in particular as to the problems to be solved and the questions to be answered. Possibility for the person concerned to appoint a counter expert of his choice, as well as to request an own expert’s opinion on the facts he wants to be examined. Written expert’s report. Execution of the measure in conformity with the procedure applicable in the requesting State : possible as a matter of principle; to be assessed on a case by case basis. Relevant formalities to be expressly indicated in the request. "

b. Other useful information

"Assistance or participation of agents of the requesting State in the execution of the measure: Possible as a matter of principle, to be assessed on a case by case basis."

Last reviewed on 11 октомври 2018 by Tools Correspondent

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