Fiches Belges: Allemagne

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

Yes. Psychiatric examination

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: European Convention on Mutual Assistance in Criminal Matters, 20.04.1959 Convention implementing the Schengen Agreement Convention on Mutual Legal Assistance between Member States of the European Union, 29.05.2000

* receive the request/decision for judicial cooperation

Public Prosecutor's Office

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

N/A

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.

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.

a. Special requirements

If the defendant does not agree to a psychiatric examination, a court order is needed to authorize the measure.

b. Other useful information

N/A