Fiches Belges: Belgium
Control of identity, measures for judicial identification (304) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes.
Identity check: process whereby a person is questioned and asked to immediately present the main facts in regard to his or her civil status by handing over his or her identity card or any other document he or she may hold. The aim of this measure is to determine the identity of the person in question (Article 34 of the Police Functions Act).
Measures for judicial identification: measures other than the identity check, such as taking fingerprints and/or photographs, in order to establish the identity of a person. |
2. LEGAL FRAMEWORK |
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 |
3. COMPETENT AUTHORITY TO: |
* 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. | * execute/recognise the measure (if other than the receiving authority) | Police officials are authorised to do identity checks of persons within the framework of their administrative police and criminal investigation department duties.
|
4. ACCEPTED LANGUAGES |
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. |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | There is no specifia deadline foreseen by the Belgian law for the execution of letters of request.
If the requested deadline cannot be respected, the requesting state will be informed accordingly. |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | Content of the international letters rogatory: at least Art. 14 of the 1959 Convention
| b. Other useful information | N/A |
|