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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

Kodude külastamine ja läbiotsimine (601)

1. MEASURE IMPLEMENTATION

Saksamaa

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

Yes.A search of the dwellings and other rooms of a person suspected of being a perpetrator of or participant in a criminal offence can be made both for the purpose of apprehending as well as in cases where it may be assumed that evidence could be found. For other persons, searches are only permissible for the purpose of apprehending a suspect or of pursuing traces of a criminal offence or of seizing certain objects and only if it can be expected that the person or the evidence is within the premises to be searched.

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 of 20th April 1959 (art. 3 ff.) and its additional Protocol of 17th March 1978, approved by statute of 27th August 1997 ; Convention implementing the Schengen Agreement of 19th June 1990, as far as it is still applicable between the states concerned. Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th October 2001, as far as it has already been ratified by the states concerned.

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

public prosecution 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 (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.

5. EXECUTION DEADLINE

Saksamaa

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

Under the European Investigation Order: The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. For States not applying the European Investigation Order: No Deadlines.

6. CONCISE LEGAL PRACTICAL INFORMATION

Saksamaa

a. Special requirements

The competent body to authorize the measure is the judge. Only in cases of risk that further delay would lead to loss the evidence, the public prosecution office or police officers are authorized to order the search.

b. Other useful information

N/A

Last reviewed on 17 märts 2019 by Tools Correspondent

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