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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

Laste küsitlemine (705)

1. MEASURE IMPLEMENTATION

Saksamaa

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

Yes.Hearing of children is possible a) during investigation proceedings or b) at the main trial.

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

* 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

At the main trial/hearing the questioning of witnesses under 18 years is conducted by the presiding judge. The panel of judges, the public prosecutor, the defense counsel, the defendant can ask the witnesses under 18 years by the presiding judge. The presiding judge can allow a direct questioning of witnesses under 18 years by the panel of judges, the public prosecutor, the defense counsel and the defendant unless there is no danger for the well being of the witness under 18 years.

b. Other useful information

N/A

Last reviewed on 17 märts 2019 by Tools Correspondent

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