Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

If somebody is suspected of a criminal offence the prosecutor's office and the police may take the measures which are necessary to establish his identity. The suspect may be kept in custody, if the identity cannot be established by other means or only with considerable difficulty. Under the prerequisites of the second sentence, it shall be admissible to search the suspect and the objects found on him as well as to carry out measures for identification purposes. If and so far as this is necessary to clear up a criminal offence, the identity of a person who is not suspected of an offence may also be established.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU European Convention on Mutual Assistance in Criminal Matters, 20.04.1959 Convention implementing the Schengen Agreement Convention on Mutual Legal Assistance between Member States of the European Union, 29.05.2000

Competent Authority

* receive the request/decision for judicial cooperation

Public Prosecutor's Office

Accepted languages

Accepted languages for the request/decision

Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language unless it has been agreed differently in a bilateral agreement.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

Under the European Investigation Order: The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. For States not applying the European Investigation Order: No Deadlines.

Concise legal practical information

Special requirements

DNA analysis require a court order.

Last reviewed on 11 July 2022 by EJN Secretariat

NEXT MEASURE

  • Examination and identification (A.40-A.43)
  • A.43 Technical and scientific examination
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