Fiches Belges: La Norvège
Exploration corporelle (302) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes
The rules concerning invasive body searches can be found in The Criminal Procedure Act § 157.
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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 | Any person who with just cause is suspected of any act punishable by law with a custodial sentence may be subjected to physical examination when it is deemed to be of significance for the clarification of the case and does not amount to a disproportionate interference. Blood samples may be taken and other examinations may be carried out if the can be done without risk or considerable pain.
With the written consent of the person concerned, biological matter may be obtained for the purpose of undertaking a DNA analysis irrespective of whether there is just cause for suspicion.
Without the consent of the suspected person an examination may only be carried out pursuant to a court order. If the purpose of the examination might otherwise be thwarted, an order from the prosecuting authority may take the place of a court order.
| b. Other useful information | N/A |
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