Fiches Belges

The psychiatric medical examination is a means of proving the mental condition of the defendant. The purpose of this measure is to determine if, at the time of the facts, the person concerned was suffering from a mental disorder that has abolished or seriously impaired his or her capacity for discernment or control of his or her acts and if, at the time of the expert opinion, the person was suffering from a mental disorder that has abolished or seriously impaired his or her capacity for discernment or control of his or her acts, as well as the possible link between the mental state of the person concerned. The examination also aims to find out the likeliness for the person concerned to reoffend and whether, if applicable, the person can be treated with a view to his or her reintegration into society (Article 5 of the Internment Act of 5 May 2014). The examination is carried out under the guidance and responsibility of an expert with the professional title of “forensic psychiatrist.”.

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 (Art. 3).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 letter of request must be sent to the federal prosecutor’s office - section of international cooperation. * execute/recognise the measure (if other than the receiving authority) In the case of psychiatric examination, the public prosecutor and the investigating judge are competent to order the measure.

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 request must be executed. It is recommended, when possible, to obtain, prior to sending the request, information about the use of the correct language.

The deadlines as foreseen in the EIO Directive are applicable.

Content of the international letters rogatory: at least 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 matters.