Fiches Belges: Luxemburgo

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

"Yes. No statutory definition. Examination of a person by police enforcement officers for concealed or dangerous items or substances, e.g. weapons or drugs, in order to ensure the safety of the person itself as well as of anyone who may enter into contact with such person. In practice, consists in palpation of clothing and body, possibly after undressing, as well as the checking of baggage, where applicable. Scope: all criminal offences as soon as the person subject to the search has been caught in flagrante delicto; otherwise specifically provided for in particular matters, e.g. the legislation on drugs. Alternative measure: Superficial body search (301). "

International legal framework applicable for this measure in your Member State

"1959 Convention 2000 Convention" Directive 2014/41/EU

* receive the request/decision for judicial cooperation

"As a matter of principle: prosecutor general / the examining magistrate, "

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

N/A

Accepted languages for the request/decision

Translation of the letters rogatory /EIO and attached documents into French or German; English commonly accepted.

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

for EIOs: as per Directive 2014/41/EU & art. 18 et seq. of the Law of 1 August 2018 on the EIO

a. Special requirements

"Article 39 (5) of the Code of Criminal Procedure provides that it must be carried out by a person of the same gender as the suspect. To be requested by international letters rogatory. Contents: - an indication of the authority making the request; - a summary of the facts; - an indication of the criminal conduct under investigation; - the object of and the reason for the request; and - precise information for the purpose of identifying the person to be searched. Outcome of the measure to be put down in a written report. Execution of the measure in conformity with the procedure applicable in the requesting State : possible as a matter of principle; to be assessed on a case by case basis. Relevant formalities to be expressly indicated in the request. "

b. Other useful information

"Assistance or participation of agents of the requesting State in the execution of the measure: Possible as a matter of principle, to be assessed on a case by case basis. "