Fiches Belges

Identity check: a process whereby a person is questioned and asked to immediately present the main facts in regard to his or her civil status by handing over his or her identity card or any other document he or she may hold. The aim of this measure is to determine the identity of the person in question.. Police officials shall control the identity of any person who is deprived of his or her liberty or who ashas committed an administrative or criminal offenseoffence. Police officials can control the identity of a person if they have reasonable grounds to believe that he or she is wanted, has attempted to commit or is preparing to commit an offence, or may disturb or has disturbed public order (Article 34 of the Police Functions Act). Measures for judicial identification: measures other than the identity check, such as taking fingerprints and/or photographs, in order to establish the identity of a person.

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.

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. There is no specificspecific deadline foreseen by Belgian law for the execution of letters of request. If the requested deadline cannot be respected, the requesting state will be informed accordingly.

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.