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: Franta

Vizită şi percheziţie de domiciliu (601)

1. MEASURE IMPLEMENTATION

Franta

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

This involves searching the inside of a premises that is usually closed, in particular the place of residence of a private individual, for clues in order to establish the existence of an offence or to determine the perpetrator. It is important to note that the legislative texts only mention house searches in passing, next to searches of premises, in articles 59 and 76 of the Code of Criminal Procedure, without differentiating between the two.

2. LEGAL FRAMEWORK

Franta

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters of 29 May 2000. Failing that, the Convention of 14 June 1985 Implementing the Schengen Agreement.

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

The Public Prosecution Service, the investigating judge, the liberty and custody judge if outside of normal judicial working hours, or a magistrate.

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

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

A translation in French is not required (article 16 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. The Additional Protocols to this Convention, and the MLA Convention of 29 May 2000, simply complement the original Convention and do not raise any question of translation requirements) but it is nonetheless recommended that a translation be provided, in order to facilitate and expedite the execution of the request for assistance.

5. EXECUTION DEADLINE

Franta

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

Data not available.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

Searches of premises are only authorised to be carried out during the day, more specifically between 6.00hrs and 21.00hrs, although operations commenced during the day may be continued into the night. There are a number of exceptions to this principle: searches by night are possible: in the event of complaints lodged by persons inside the house; upon the express and written permission of the occupant of the premises (regarded in the same way as preliminary investigations: Decision of the Supreme Court of Appeal, Criminal Division, 19 June 1957); when investigating and detecting the offences concerning drug trafficking set out in article 706-26 of the Code of Criminal Procedure; under the conditions set out in article 706-28 and 706-29 of the Code of Criminal Procedure; the offences relating to procurement referred to in article 706-34 of the Code of Criminal Procedure; under the conditions laid down in article 706-35 of the Code of Criminal Procedure; and the acts of terrorism referred to in article 706-16 of the Code of Criminal Procedure under the conditions laid down in articles 706-24-1 of the Code of Criminal Procedure. To be present at the execution of this measure it is necessary to obtain the authorisation of the magistrate in charge of the execution of the request.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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