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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 küsitlemine: standardmenetlus (710)

1. MEASURE IMPLEMENTATION

Saksamaa

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

MLA requests for a hearing of suspects and persons accused are executed in accordance with the national law while taking into account special requirements of the requesting MS set out in the request. The person concerned will be informed of his right to be silent prior to the hearing. The summons before the public prosecutor/the court (not before the police) may include an admonition that the person concerned shall be brought before the public prosecutor/court in the case of non-compliance.

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

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 MLA request shall contain a summary of the main facts of the case. Furthermore it is advisable to set out the relevant questions which shall be asked during the hearing. Unless requested otherwise, the hearing will take place before the police. If the hearing shall take place before the investigating judge, this should explicitly be set out in the request.

b. Other useful information

The participation of agents of the requesting State during the hearing is possible and permissible.

Last reviewed on 17 märts 2019 by Tools Correspondent
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