Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Люксембург

Наблюдение (105)

1. MEASURE IMPLEMENTATION

Люксембург

Is this measure possible in your Member State under International Judicial Cooperation?

"Yes. Systematic watching of one or more persons, their presence or behavior, or of things, places or determined events, EITHER lasting over a period of more than five days per month, OR implying the use of technical means other than interception or tracing of communications OR taking place on an international scale. In practice, includes shadowing, photographic filing, video surveillance and GPS tracking. Exceptional measure to be duly motivated, limited in duration unless prolonged. Scope limited to criminal offences punishable by a prison sentence of at least one year. No alternative measures."

2. LEGAL FRAMEWORK

Люксембург

International legal framework applicable for this measure in your Member State

"1959 Convention 2000 Convention Directive 2014/41/EU"

3. COMPETENT AUTHORITY TO:

Люксембург

* receive the request/decision for judicial cooperation

"The prosecutor, the examining magistrate or, in certain cases, the general prosecutor, under the conditions set forth under articles 48-12 ff. of the Code of Criminal Procedure."

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Люксембург

Accepted languages for the request/decision

Translation into French, German or English mandatory for letters rogatory and attached documents.

5. EXECUTION DEADLINE

Люксембург

Deadlines for the execution of the request/decision (where applicable)

for EIOs: as per Directive 2014/41/EU & art. 18 et seq. of the Law of 1 August 2018 on the EIO

6. CONCISE LEGAL PRACTICAL INFORMATION

Люксембург

a. Special requirements

"To be requested by international letters rogatory. Contents: - an indication of the authority making the request; - a summary of the facts; - confirmation that a lawful observation order or warrant has been issued in connection with a criminal investigation; - precise information for the purpose of identifying the subject or object of the observation ; - an indication of the criminal conduct under investigation; - the desired duration of the observation; and - where applicable, the provision of sufficient technical data to ensure that the request can be met. Duration limited to one month by law; prolongation possible on a monthly basis as long as necessary. 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. "

b. Other useful information

"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."

Last reviewed on 11 октомври 2018 by Tools Correspondent

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