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: Belgium

Observation (105)

1. MEASURE IMPLEMENTATION

Belgium

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

This measure concerns a particular method of investigation implemented within the framework of a criminal investigation or a judicial inquiry by the designated police departments, with a view to prosecuting the perpetrators of crimes or criminal offences, investigating, collecting, recording and processing data and information on the basis of serious indications that acts are going to be committed or have already been committed (Article 47sexies of the of the Criminal Investigation Code (CIC)). The legislation is aimed at systematic observation which is observation of more than 5 consecutive days or, if not, spread of a period of one month, observation during which technical resources are used, observation on an international scale or observation carried out by special units of the federal police.

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

1959 Convention on Mutual Assistance in Criminal Matters 2000 Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

3. COMPETENT AUTHORITY TO:

Belgium

* receive the request/decision for judicial cooperation

The letter of request has to be sent to the local public prosecutor's office of the geographical area where the investigating measure has to be executed. if this area is not known, the letter of request has to be sent to the federal prosecutor's office - section of international cooperation.

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

The public prosecutor The investigating judge if technical resourses are used in a home

4. ACCEPTED LANGUAGES

Belgium

Accepted languages for the request/decision

Dutch, French and German Important remarks: before the execution, the letter of request will be translated by the Belgian prosecutor if the language is not the language of the judicial area where the letter of request has to be executed. It is recommended, when possible, to obtain previously the information about the correct language.

5. EXECUTION DEADLINE

Belgium

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

The observation will be done during the requested period, if police capacity is available at this time.

6. CONCISE LEGAL PRACTICAL INFORMATION

Belgium

a. Special requirements

Content of the international letters rogatory: at least Article 14 of the 1959 Convention It is necessary to mention the exact duration of the requested observation.

b. Other useful information

A written and confidential report on the observation is drawn up on a regular basis by the police officer responsible for implementing the measure and countersigned by his or her superintendent. This report is sent to the prosecutor specialized in special police techniques. This report must be passed on to the superintendent and subsequently to the prosecutor accompanied by all videotapes or other recordings made in the course of the observation. The prosecutor must also be informed whether or not the person concerned has been the subject of a similar measure before. The confidential report/file will never leave the prosecutor’s office. Only the official report (proces-verbal) will be send to the requesting foreign authority. Duration limited to one month by law; prolongation possible on a monthly basis as long as necessary.

Last reviewed on 3 March 2017 by EJN Secretariat

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