Fiches Belges: Bélgica

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

Yes. The psychiatric medical examination is a means of proving the mental condition of the defendant. The purpose of putting a person under observation is to examine the psychiatric profile of a person in regard to whom there is reason to believe that he or she is insane, seriously mentally unbalanced or mentally retarded, rendering him or her incapable of controlling his or her actions.

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)

In the case of psychiatric assessment that does not require committal to a mental institution or hospitalisation (outpatient psychiatric assessment), it is the investigating judge that is competent. In the case of persons who need to be put under observation (with a view to possible committal), the council chamber is authorised to order a psychiatric assessment (Social Protection in respect of Mental Defectives and Habitual Offenders Act of 9 April 1930). A psychiatrist is designated as the expert.

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

b. Other useful information

N/A