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

Изслушване на свидетели: стандартна процедура (702)

1. MEASURE IMPLEMENTATION

Люксембург

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

"Yes. Written documentation of the statements in evidence of a person concerning facts that he has knowledge about. Documentation made either by the Police, by the investigating magistrate or in Court. In the two latter cases, the witness deposes under oath. Scope: all types of criminal offences. Alternative measures: Hearing witnesses by videoconference (703) or by telephone (704)."

2. LEGAL FRAMEWORK

Люксембург

International legal framework applicable for this measure in your Member State

Statutory basis: - 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 - Benelux Treaty on Extradition and Mutual Legal Assistance in Criminal Matters of 27th June 1962, and its Protocol of 11th May 1974 - European Convention on mutual assistance in criminal matters of 20th April 1959, approved by statute of 21st July 1976, and its additional Protocol of 17th March 1978, approved by statute of 27th August 1997

3. COMPETENT AUTHORITY TO:

Люксембург

* receive the request/decision for judicial cooperation

"The Prosecutor who, depending on the formality required, will have the measure executed by the Police (hearing without oath) or will seize the investigating magistrate (hearing under oath according to article 69 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 of the letters rogatory and attached documents into French or German; English commonly accepted.

5. EXECUTION DEADLINE

Люксембург

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

N/A

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; - the object of and the reason for the request; - time and place of perpetration of the offence, and a summary of the facts; - where possible, the identity and the nationality of the person concerned; - the identification and address of the witness to be heard; - an indication of the criminal conduct under investigation, including the statutory basis and the sanctions attached thereto; - any specific procedure requested by the requesting party, in particular whether the witness is to be heard under oath or not, and whether he is to be informed about any rights in application of the procedure of the requesting State. In principle, the accused or the victim are not present at the witness' hearing. Witnesses must present themselves; unwilling witnesses may be compelled to appear by warrant. Audio or video recordings are possible if the witness consents. Audio or video recordings are compulsory in certain cases for the hearing of minors of age who must, in principle, be accompanied by an adult. Hearings are formalised in a 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 6 юли 2016 by Секретариат на ЕСМ
  • ® 2021 EJN. All Rights Reserved