Fiches Belges

Yes. No statutory definition. Examination of a person by police enforcement officers for concealed or dangerous items or substances, e.g. weapons or drugs, in order to ensure the safety of the person itself as well as of anyone who may enter into contact with such person. In practice, consists in palpation of clothing and body, possibly after undressing, as well as the checking of baggage, where applicable. Scope: all criminal offences as soon as the person subject to the search has been caught in flagrante delicto; otherwise specifically provided for in particular matters, e.g. legislation related to drug offences.

Among Member States having implemented the EIO: Art. 3 Directive 2014/41/EU (implemented by the Law of 1st August 2018). Among Member States not having implemented the EIO Directive: 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, approved by statute of 27th October 2010. Other statutory basis: European Convention on mutual assistance in criminal matters of 20th April 1959, approved by statute of 21st July 1976.

The EIO issued for the purpose of executing a coercive measure shall be addressed to the General State Prosecutor. As a matter of principle: measure executed by a police or customs officer.

EIO written or translated into French, German or English / Translation of the letters rogatory and attached documents into French or German; English commonly accepted.

As a general rule, decision on the recognition or execution of the EIO within 30 days of receipts.

Under the EIO Directive : Luxembourg authorities comply with the formalities and procedures expressly indicated by the issuing authority unless such formalities and procedures are not contrary to the fundamental principles of Luxembourg Law. Besides the grounds of non-recognition/execution provided under art. 11 Directive 2014/41/EU, recognition and execution might be refused where the measure would be contrary to the fundamental principles of Luxembourg Law. Under MLA instruments, to be requested by international letters rogatory. Contents: - an indication of the authority making the request; - a summary of the facts; - an indication of the criminal conduct under investigation; - the object of and the reason for the request; and - precise information for the purpose of identifying the person to be searched. Outcome of the measure to be put down in a written report. Execution of the measure in conformity with the procedure applicable in the requesting State : possible as a matter of principle; to be assessed on a case by case basis. Relevant formalities to be expressly indicated in the request. Assistance or participation of agents of the requesting State in the execution of the measure: Possible as a matter of principle, to be assessed on a case by case basis.