Fiches Belges: La Norvège

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.

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).

* receive the request/decision for judicial cooperation

N/A

* execute/recognise the measure (if other than the receiving authority)

N/A

Accepted languages for the request/decision

N/A

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

N/A

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