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: France

Invasive body search (302)

1. MEASURE IMPLEMENTATION

France

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

This involves a medical examination which infringes upon the modesty of the person concerned. For this reason it takes the form of a medical examination.

2. LEGAL FRAMEWORK

France

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters of 29 May 2000 (article 4). Failing that, article 14 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959.

3. COMPETENT AUTHORITY TO:

France

* receive the request/decision for judicial cooperation

The investigating judge of the public prosecutor, depending on the investigation.

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

N/A

4. ACCEPTED LANGUAGES

France

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

France

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

Data not available.

6. CONCISE LEGAL PRACTICAL INFORMATION

France

a. Special requirements

A medical expert requested or designated by the magistrate. Offences in relation to which this measure can be used: serious crimes or other offences. Persons and/or places in relation to whom/which the measure can be used: perpetrators or victims of a serious crime or other offence. The examination takes place in a doctor's surgery or in a hospital.

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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