Fiches Belges: La Norvège
Fouilles corporelles (301) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes
The rules concerning superficial body searches can be found in The Criminal Procedure Act § 195.
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2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | Art. 1(1) of the Convention of 20 April 1959 on Mutual Assistance in Criminal Matters.
Without a written consent of the person concerned, a search may only be made with a court decision. However if delay entails any risk, the decision may be made by the prosecuting authority (in practice the police prosecutors).
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | N/A | * execute/recognise the measure (if other than the receiving authority) | N/A |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | N/A |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | When assessing if a superficial body search may be applied as an investigative measure it is decisive whether or not the subject of the search is charged with a criminal offence or not. Thus the requirements for applying a superficial body search can be divided into two categories. (a) When the individual is charged with a criminal offence (b) When the individual is not suspected of a criminal offence.
Re (a): The following two requirements must be met: - The individual must on reasonable grounds be suspected of an offence, which is prosecuted by the State, and - The individual on reasonable grounds is suspected of an offence, which under the law can result in imprisonment.
Re (b): The following requirements must be met: investigation. - The suspicion must concern an offence the can result in imprisonment in more than six months.
| b. Other useful information | N/A |
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