Fiches Belges

Examination of a superficial body or cloth search of a suspect against whom serious objections exist is possible. Investigative search, includes as a means for identification, merely searching the clothes of the suspect, to obtain materials or other tracks on body or clothes. The measure can be taken for criminal offences detected in flagrante delicto and for criminal offences for which remand in custody can be demanded.

- European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014); - EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); - European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959); - Several bilateral and multilateral treaties.

- The regional International Legal Assistance Centres (IRCs) or the National Legal Assistance Centre (LIRC) receive the request. - The Public Prosecutor authorizes the measure. - The police executes it. - Investigation officers having arrested a suspect may perform a clothes search of the suspect. In case of urgency the police may ask to execute the measure on the condition that a judicial letter of request will be sent to the competent authority.

- Concerning the European Investigation Order in criminal mattersin Dutch or English. - Concerning the EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000), the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) and several bilateral and multilateral treaties one of the official languages of the Council of Europe, English or German or preferably a translation in the Dutch language.

When concerning the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) deadline according to the Directive; No applicable deadline, when concerning EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) or several bilateral and multilateral treaties.

- Suspect must have been arrested; - Grave evidence against the suspect; - In the interest of the investigation