Fiches Belges: Belgium

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

Yes. The security search: this involves palpation of the body and clothes as well as the checking of luggage, the aim of which is to ensure that the person concerned is not carrying any weapons or objects that pose a threat to public order (Art. 28 §1 of the Police Functions Act of 5 August 1992). Police search: this involves a search, carried out by police officials in the performance of their assignments, on persons who are the subject of a judicial arrest as well as persons with regard to whom there are serious indications that they have about their person exhibits or items of evidence of a crime or an offence (Art. 28 2 of the same Act). Body search: the aim of this search, which is carried out on a person before putting him or her in a cell, is to ensure that the person is not in possession of objects or substances that represent a danger to himself or herself or to others, or that could aid an escape attempt.

International legal framework applicable for this measure in your Member State

1959 Convention on Mutual Assistance in Criminal Matters; 2000 Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

* receive the request/decision for judicial cooperation

The letter of request has to be sent to the local public prosecutor's office of the geographical area where the investigating measure has to be executed. if this area is not known, the letter of request has to be sent to the federal prosecutor's office - section of international cooperation. The search is authorised by a criminal investigation department officer or an administrative police officer, depending on the case.

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

N/A

Accepted languages for the request/decision

Dutch, French and German Important remarks: before the execution, the letter of request will be translated by the Belgian prosecutor if the language is not the language of the judicial area where the letter of request has to be executed. It is recommended, when possible, to obtain previously the information about the correct language.

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

N/A

a. Special requirements

Content of the international letters rogatory: at least Art. 14 of the 1959 Convention

b. Other useful information

N/A