Fiches Belges

Yes. Legal expert evaluation carried out by a specialist in mental illness, i.e. a psychiatrist, aiming at establishing a person’s mental condition. Scope: all criminal offences, as soon as there is reason to believe that the person to be examined is insane, seriously mentally unbalanced or mentally retarded, rendering him or her incapable of controlling his or her actions at the time of the facts. No alternative measures.

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.

As a matter of principle: the Investigating Judge, under the conditions set forth by article 87 of the Code of Criminal Procedure. Transmission of the report authorized by a decision of the pre-trial chamber of the competent District Court.

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. Decision of the Pre-Trial Chamber of the competent District Court within 20 days following the action taken by the Public Prosecutor (without prejudice of any possible appeal)

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; - precise information for the purpose of identifying the person to be examined; and - a concise indication of the expert’s mission, in particular as to the problems to be solved and the questions to be answered. 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. Irrespective of the statutory basis, possibility for the person concerned to appoint a counter expert of his choice, as well as to request an own expert’s opinion on the facts he wants to be examined. Written expert’s report. 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.