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

Технически или научни изследвания или експертни оценки (305)

1. MEASURE IMPLEMENTATION

Люксембург

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

"Yes. Formal request to a person qualified in a particular field to give an opinion on a non-legal, i.e. technical or scientific issue of a case, with the aim of verifying and establishing facts that may have escaped the attention of a non-specialist. In practice, frequent in the following fields: forensics, medicine, engineering sciences, ballistics, handwriting, etc. Scope: all types of criminal offences. No alternative measures."

2. LEGAL FRAMEWORK

Люксембург

International legal framework applicable for this measure in your Member State

"1959 Convention 2000 Convention"

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.

* 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 and attached documents into French or German; English commonly accepted.

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. 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; - where applicable, 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 accused 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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