Fiches Belges

A superficial body search is ordered where there is evidence that a person has concealed on his/her person objects relating to a criminal offence or which may be used to commit a criminal offence or can be used as evidence. Invasive body search of persons comply with the provisions concerning the examination of places and things. The examination checks the traces left by a criminal offence and any clues as to the way in which it was commited and where it ook place, the persons who commited it or the victims thereof.

Directiva 2014/41/UE and internal Law 88/2017 will apply.

Authority competent to authorise body search: the Prosecutor’s Office competent in the area in which the search must be carried out.

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

Generall rules apply. Urgency will be respected.

For cooperation with authorities outside of the EU 1959 Convention apply; for cooperation with State Parties to multilateral or bilateral instruments, rules established by these ones will apply. In nay case general rules established by domestic Law 144/99 from august 31st can be applied on basis of reciprocity.