Fiches Belges

The Criminal Police may check the identity of a person in a public place, a place open to the public or under police suveillance if that person is suspected of: having commited a crime; being subject of an extradition or expulsion procedure; having entered or remained illegally on national territory; or if a detention order has been issued against him/her. The collection of DNA samples in pending criminal proceedings is carried out with the consent of the accused or ordered by order of the judge, who considers the need to carry it out, taking into account the right to personal integrity and the privacy of the person concerned. The collection of samples from persons for civil identification purposes, namely from relatives of missing persons, requires their free, informed and written consent. In the case of minors or incapable persons, the collection of samples depends on authorization from the Public Prosecutor.

Directive 2014/41/UE for MS of the EU, in case information must be used as evidence.

Since this are typical investigative measures the Public Prosecutor is the addressee of the request and will sub,itted to the Judge in case there is a mandatory intervention of the judge.

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

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