Fiches Belges

Yes, the measure is covered by Article 231-233 of Law no. 302/2004 on international judicial cooperation in criminal matters. According to art. 157 Criminal Procedure Code, a home search or a search of goods found in a residence may be ordered if there is a reasonable suspicion that a person committed an offense or that such person is holding objects or documents that are connected to an offense and it is assumed that the search could lead to the discovery and collection of evidence related to such offense, to the preservation of traces left by the committed offense or to the capturing of the suspect or defendant

European Convention on Mutual Assistance in Criminal Matters, Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, Council Decision of 17 October 2000 concerning cooperation between FIUs, FD 2006/960/JHA of 18 December 2006 concerning cooperation between law enforcement authorities of the MS and Council Decision 2007/845/JHA concerning cooperation between AROs Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters

Home search may be ordered during the criminal investigation, upon request by the prosecutor, by the Judge for Rights and Liberties of the court that would have the competence of jurisdiction to examine the case in first instance or of the court of a level corresponding to it within the territorial jurisdiction of which the premises of the prosecutors’ office to which the prosecutor conducting or supervising the criminal investigation belongs are located. During the trial, search is ordered by the court vested to rule in the case, ex officio or upon request by the prosecutor

Romanian, English or French.

Applications requesting approval of a home search are ruled on within 24 hours, in chambers, without summoning the parties. Searches are conducted by a prosecutor or by criminal investigation bodies, accompanied, as applicable, by intelligence employees. A home search may not be initiated before 6:00AM or after 8:00PM, except for in-the-act offenses or when a search is to be conducted in a place open to the public at that time.

When a person whose domicile is searched is held in custody or arrested, they shall be brought to assist to the search. If they cannot be brought, the seizure of objects and documents and the home search shall take place in the presence of a representative or a community witness. Judicial bodies are under an obligation to limit only to the seizure of objects and documents that are related to the act in relation to which the criminal investigation is conducted.