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

Трансгранично наблюдение (801)

1. MEASURE IMPLEMENTATION

Люксембург

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

Yes. Observation made as a part of a criminal investigation into an extraditable criminal offence, starting on the national territory and continuing on the territory of another State, concerning a person suspected of involvement in an extraditable offence, or, as a necessary part of a criminal investigation, because there is serious reason to believe that he can assist in identifying or tracing such a person. Scope: extraditable offences. No alternative measures.

2. LEGAL FRAMEWORK

Люксембург

International legal framework applicable for this measure in your Member State

Statutory basis: - Convention implementing the Schengen Agreement of 14th June 1985 on the gradual abolition of checks at common borders (art. 40), as approved by statute of 3rd July 1992, and its Protocol of 24 June 1997, approved by statute of 8 April 1999, and amended and completed by Council Decision 2003/725/JHA of 2nd October 2003; - Treaty between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg concerning cross-border police intervention (art. 19), approved by statute of 21st December 2004; - Convention drawn up, on the basis of Article K3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations, done at Brussels on 18th December 1977 (art. 21), approved by statute of 6th July 2001.

3. COMPETENT AUTHORITY TO:

Люксембург

* receive the request/decision for judicial cooperation

"The authority designated by Schengen Application Convention is the general prosecutor. In practice, decision-making powers have been delegated to the prosecutors."

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

N/A

4. ACCEPTED LANGUAGES

Люксембург

Accepted languages for the request/decision

N/A

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

"Authorisation of the Luxembourg authorities required to cross the Luxembourg borders. 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; - information for the purpose of identifying the target of the observation ; - an indication of the criminal conduct under investigation; - the duration and period of the observation; - the indication of any technical means that are used, e.g. a GPS tracking device; - the contact data of an agent in charge of the request. Duration limited to one month by law; prolongation possible on a monthly basis as long as necessary. Written report on the course of the observation. Measure to be executed in accordance with the provisions of article 40, paragraph 3. of the Convention implementing the Schengen Agreement of 14th June 1985. 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: Yes."

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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