Fiches Belges

*Superficial body search* The security search: This involves palpation of the body and clothes as well as the checking of luggage, in the following cases: to ensure that the person concerned is not carrying any weapons or objects that pose a threat to public order, when the person concerned is subject to a judicial or administrative arrest, when the concerned person takes part in public gatherings that pose a real threat to public order, or, when the person concerned enter places where public order is threatened (Article 28 §1 of the Police Functions Act of 5 August 1992). Police search: This involves a search, carried out by police officials in the performance of their assignments, on persons who are the subject of a judicial arrest as well as persons with regard to whom there are serious indications that they have about their personal exhibits or items of evidence of a crime or an offence (Article 28, §2, of the same Act). Body search: The aim of this search, which is carried out on a person before putting him or her in a cell, is to ensure that the person is not in possession of objects or substances that represent a danger to himself or herself or to others, or that could aid an escape attempt (Art. (Article 28, §3, of the same Act). Invasive body search: This measure involves a search that infringes upon the modesty of the person concerned (Article 90bis of the Code of Criminal Procedure). For this reason, an invasive body search is considered a specific form of medical examination. The person concerned can be assisted by a doctor of their choice during this measure.

1959 Convention on Mutual Assistance in Criminal Matters; Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (Article 3).

* receive the request/decision for judicial cooperation The request must be sent to the local public prosecutor’s office of the geographical area where the investigating measure must be executed. If this area is not known, the request must be sent to the federal prosecutor’s office - section of international cooperation. * execute/recognise the measure (if other than the receiving authority) Invasive body search: The public prosecutor is competent in cases of flagrante delicto or if the person is over 18 years of age and gives his or her written consent. In all other cases, the invasive body search can only be ordered by the investigating judge.

Dutch, French, German and English. Important remarks: Before the execution, the request will be translated by the Belgian prosecutor if the language is not the language of the judicial area where the letter of request must be executed. It is recommended, when possible, to obtain, prior to sending the request, information about the use of the correct language.

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Content of the international letters rogatory: Art.Article 5 of the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal mattersmatters.