Fiches Belges

These measures are ordered when are indications which make it reasonable to believe that objets which are connected with a crime or someone who should be detained are located in private permises or places not acessible to the public. In case of house (domiciles or residences) searches it will be needed a judge’s authorization. In cases of searchs of vehicles and offices, it is the Prosecutor’s Office that is responsible for the authorization. The criminal investigation body can proceed without prior authorisatin of the judicial authority to carry out house (domiciles/residences) in the following cases: a) terrorism and violent or highly organised criminality in event of urgency or danger to persons; b) if the persons targeted give their express consent or c) in the case of detention of a suspect caught red-handed committing a crime for which the penalty is imprisonment for more than 3 years. House searches of inhabited permises or one of its outbuildings may be carried out only between 07H00 and 21H00 under penalty of being declared null and void.

Eu Directive 2014/41/UE and Law 88/2017 from august 31st that complements it apply.

Authorities competent to authorise: - In the investigative phase of the proceedings, the Prosecutor’s Office competent in the area in which the search must be carrie out. - In case of house searches the judge competent in the area where the house is located

Portuguese and Spanish due to bilateral declarations based on reciprocity between Portugal and Spain.

General rules apply.

Cooperation with States outside of the EU will be ruled by 1959 Convention; for States that are parties to multilateral or bilateral instruments rules established will apply.