Fiches Belges

Yes. Control of identity: request made by a police official to an individual to prove his identity. Proof generally brought by ID documents. Measures for judicial identification other than control of identity: verification of identity consisting in taking fingerprints and photographs, as well as in DNA profiling. Otherwise: control of ID and verification of identity applicable to anybody who has committed or attempted to commit a criminal offence, OR is about to do so, OR may provide relevant information for an investigation OR is wanted by the judicial or administrative authorities. DNA profiling against a person’s will limited to criminal offences punishable by a prison sentence of at least two years. 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: Police officials competent for ID checks. The prosecutor or the examining magistrate, as provided for under articles 45 and 48-3 to 48-9 of the Code of Criminal Procedure.

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; and - precise information for the purpose of identifying the person to be checked. 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, the person can consent or refuse to undergo a DNA test. However, in case of refusal, DNA sample can be taken where the person has a direct link with the commission of the offence and where such offence is punished of a maximum of at least 2 years of imprisonment. Detention of the person during the time necessary for carrying out the measure, but no longer than four hours, unless in custody on other grounds. Written report on the measures taken. 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.