Fiches Belges

A physical examination of the accused without his consent may be ordered for the purposes of establishing facts which are of importance for the proceedings. For this purpose, the taking of blood samples and other bodily intrusions which are effected by a physician in accordance with the rules of medical science for the purpose of examination shall be admissible without the consent of the accused, provided no detriment to his health is to be expected. Persons other than the accused may be examined without their consent only insofar as establishing the truth involves ascertaining whether their body shows a particular trace or consequence of a criminal offence. Examinations to ascertain descent and the taking of blood samples from persons other than the accused shall be admissible without such persons’ consent provided no detriment to their health is to be expected and the measure is indispensable for establishing the truth. A superficial body search of a person who is suspected of committing a criminal offence may be made for the purpose of his apprehension, as well as in cases where it may be presumed that the search will lead to the discovery of evidence. Searches in respect of other persons shall be admissible only for the purpose of apprehending the accused or to follow up the traces of a criminal offence or to seize certain objects, and only if certain facts support the conclusion that the person, trace, or object sought is located on person to be searched.

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

Public Prosecutor's Office

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.

Searches may be ordered only by the judge and in some situations also by the prosecutor's office and police. If the person agrees to the search, a court order is not necessary.