Fiches Belges: Belgium

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

Yes. Measure taken during an inquiry, the aim of which is to verify and establish the existence of facts that may have escaped the attention of a non-specialist.

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.

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

The investigating judge within the framework of his or her general competence as an investigating judge (application by analogy of Article 43 of the CIC), except with regard to putting a person under observation and invasive body searches, which comes under the competence of the grand jurychamber of accusation or the court to which the crime or offence has been referred to. In cases of flagrante delicto, the public prosecutor (Art. 43 of the CIC). With regard to DNA testing, the public prosecutor can ask a person over 18 years of age for their consent to take a sample of blood, cheek cells or hair bulbs (Art. 44 III of the CIC) whilst the investigating judge can, in the interests of the investigation, issue an order for such samples to be taken.

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)

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.

a. Special requirements

Content of the international letters rogatory: at least Art. 14 of the 1959 Convention The appointed expert must take an oath. As far as expertise with regard to DNA is concerned, this can only be entrusted to an approved laboratory and cannot be requested for offences punishable by imprisonment for a term of 5 years or less.

b. Other useful information

N/A