Fiches Belges: Bélgica

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

Yes. This measure involves a search that infringes upon the modesty of the person concerned (Article 90 II of the Criminal Investigation Code (CIC)). For this reason, an invasive body search is considered as a specific form of medical examination.

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 public prosecutor is comptent in cases of flagrante delicto or if the person is over 18 years of age and gives his or her written consent. In all other cases, the invasive body search can only be ordered by the investigating judge.

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