Fiches Belges: Luxemburgo

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

"Yes. Control of identity: request made by a police official to an individual to prove his identity. Proof generally brought by ID documents. Measures for judicial identification other than control of identity: verification of identity consisting in taking fingerprints and photographs, as well as in DNA profiling. Otherwise: control of ID and verification of identity applicable to anybody who has committed or attempted to commit a criminal offence, OR is about to do so, OR may provide relevant information for an investigation OR is wanted by the judicial or administrative authorities. DNA profiling against a person’s will limited to criminal offences punishable by a prison sentence of at least two years. No alternative measures."

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

"Police officials for ID checks. The prosecutor or the examining magistrate, as provided for under articles 45 and 48-3 to 48-9 of the Code of Criminal Procedure. "

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

N/A

Accepted languages for the request/decision

Translation of the letters rogatory and attached documents into French, German or English.

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

"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 checked. Detention of the person during the time necessary for carrying out the measure, but no longer than four hours, unless in custody on other grounds. Written report on the measures taken. 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."