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Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Saksamaa

Isiku tuvastamine, kohtuliku tuvastamise meetmed (304)

1. MEASURE IMPLEMENTATION

Saksamaa

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

Yes. If somebody is suspected of a criminal offence the prosecutor's office and the police may take the measures which are necessary to establish his identity. The suspect may be kept in custody, if the identity cannot be established by other means or only with considerable difficulty. Under the prerequisites of the second sentence, it shall be admissible to search the suspect and the objects found on him as well as to carry out measures for identification purposes. If and so far as this is necessary to clear up a criminal offence, the identity of a person who is not suspected of an offence may also be established.

2. LEGAL FRAMEWORK

Saksamaa

International legal framework applicable for this measure in your Member State

Directive regarding the European Investigation Order in criminal matters in relation to Member States which have implemented the Directive For the Member States which have not implemented the afore mentioned Directive: European Convention on Mutual Assistance in Criminal Matters, 20.04.1959 Convention implementing the Schengen Agreement Convention on Mutual Legal Assistance between Member States of the European Union, 29.05.2000

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

Public Prosecutor's Office

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

N/A

4. ACCEPTED LANGUAGES

Saksamaa

Accepted languages for the request/decision

For Member States which have implemented the European Investigation Order: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language. For Member States which have not implemented the European Investigation Order: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request, and the supporting documents into the German language, unless it has been agreed differently in a bilateral agreement.

5. EXECUTION DEADLINE

Saksamaa

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

For Member States which have implemented the European Investigation Order: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language. For Member States which have not (yet) implemented the European Investigation Order: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request, and the supporting documents into the German language, unless it has been agreed differently in a bilateral agreement.

6. CONCISE LEGAL PRACTICAL INFORMATION

Saksamaa

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 20 märts 2019 by Tools Correspondent

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