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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

Kahtlusaluste/süüdistatavate väljakutsumine (709)

1. MEASURE IMPLEMENTATION

Saksamaa

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

The measure is possible in the pre-trial and in the trial-phase.

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: Convention of 29/05/2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and its Protocol of 16/10/2001; European Convention on mutual assistance in criminal matters of 20/04/1959 and its additional Protocol of 17/03/1978; Convention implementing the Schengen Agreement of 19/06/1990.

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

In the EU and associated countries: The summonings have to be sent directly to the suspect or accused person, unless one of the cases set out in Article 5 par. 2 is given. If one of the cases set out in Article 5 par.2 is given, the summons may be sent via the public prosecution offices.

* 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 suspect/person accused has to be summoned in writing, thus by letter or fax. Summoning of suspects and accused persons shall contain the relevant facts of the case. Furthermore information should be provided under which conditions legal advice can be taken. Summonings of suspects and accused persons shall not contain the threat of coercive measures. The summoning has to be provided in a language the person concerned can understand if there are indications that he does not understand the language of the issuing state. For Member States for which the 2000 MLA Convention applies: If the summoning is sent via the public prosecution office, it has to be set out which of the cases of Article 5 par.2 of the 2000 MLA Convention applies. A request for the service of the summons on an accused person should be received by the German authorities, at the latest one month before the date set for the appearance of the accused person. If it is received later, the execution can be denied (German Declaration to the MLA Convention 1959).

b. Other useful information

N/A

Last reviewed on 17 märts 2019 by Tools Correspondent

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