Where there are serious indications that a person is carrying narcotics concealed in his or her body, customs officers may subject the person to medical screening tests after first obtaining the person’s express consent.
In the event of refusal, the customs officers submit a request for authorisation to the president of the judicial court with territorial jurisdiction or to the judge delegated by him. This application is forwarded to the judge by any means.
The judge may authorise the customs officers to carry out the medical examinations. He will then appoint the doctor responsible for carrying them out as soon as possible.
The results of the examination communicated by the doctor, the observations of the person concerned and the progress of the procedure must be recorded in a report sent to the magistrate.
Any person who refuses to undergo the medical examinations prescribed by the magistrate will be punished by one year’s imprisonment and a fine of €3,750.