Fiches Belges

The expertise is always ordered when the perception or appreciation of the facts requires special technical, scientific or artistic knowledge. Psychiatric medical examination is subject to the same general rules as all specialist examinations and is carried out by forensic establishments and forensic surgeries, by medical practitioners employed under contract to provide expert opinions. In cases where there is no consent to the person to be examined, the competent judicial Authority can authorize the measure. Performing a psychiatric medical examination of victim/witness obeys the same general rules.

Directive 2014/41/UE for cooperation with EU MS authorities.

Since these are typically investigative measures the Public Prosecutor will be the addressee. In case there is a mandatory ground for the intervention of the Judge the request will be submitted.

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

General rules apply but reason for urgency, duly justified, will apply.

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 general domesticLaw on international cooperation (Law 144/99 from august 31st) will apply on basis of reciprocity.