Fiches Belges

A search of the apartment and other premises of a person suspected of having committed or participated in a criminal offence, as well as his person and belongings (including his vehicle) may be conducted both, for the purpose of arrest and in cases of possible preservation of evidence. For other persons, searches are only permissible to arrest a suspect, to follow up on traces of of a crime or to seize certain objects, and only of the person or evidence is likely to be present in the premeises to be searched. There are some restrictions in the German law for searches druing night time (9 p.m. to 6 a.m.).

Directive regarding the European Investigation Order in criminal matters in relation to Member States which have implemented the Directive For the Member States which have not implemented the afore mentioned Directive: European Convention on mutual assistance in criminal matters of 20th April 1959 (art. 3 ff.) and its additional Protocol of 17th March 1978, approved by statute of 27th August 1997 ; Convention implementing the Schengen Agreement of 19th June 1990, as far as it is still applicable between the states concerned. Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th October 2001, as far as it has already been ratified by the states concerned.

Public Prosecutor´s Office

For Member States which have implemented the European Investigation Order: 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. For Member States which have not (yet) implemented the European Investigation Order: 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.

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.

The competent body to authorize the measure is the judge. Only in cases of risk that further delay would lead to loss the evidence, the public prosecution office or police officers are authorized to order the search.