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

Interception of telecommunication without the technical assistance of another Member State (107)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes. Articles 90 TER §§ 6 and 7 of the Criminal Investigation Code (CIC) allows a competent authority of another state to intercept, hear and register temporarily private telecommunications of a suspect in the framework of a criminal investigation during the stay of a suspect on Belgian territory if no Belgian technical assistance is used, if this measure is notified by the intercepting state and if this measure is foreseen by an international legal instrument. This procedure may concern the interception of telecommunication or interception of a private communication in a car used by the suspect by use of a hidden microphone.

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 (ART. 20)

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 investigating judge, within the limits of Article 90TER §2 of the CIC (See fiche 101 for the list of offences) Interception of communications is the exclusive competence of the investigating judge who will be charged with the execution of the letter of request (see below for further information).

4. ACCEPTED LANGUAGES

Belgium

Accepted languages for the request/decision

French, Dutch 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)

Article 90 TER § 7 of the CIC foresees a deadline of 96 hours to notify the requesting state of the decision of the investigating judge (according to Article 20.4 of the 2000 Convention). This deadline can be prolonged for 8 more days if necessary. This prolongation will be notified to the requesting authority.

6. CONCISE LEGAL PRACTICAL INFORMATION

Belgium

a. Special requirements

Content of the international letters rogatory : at least Article 14 of the 1959 Convention and Article 20.3 of the 2000 Convention Execution of the measure in conformity with the procedure applicable in the requesting State As soon as the public prosecutor receives the letter of request requesting the authorisation to intercept the (tele)communication on the Belgian territory, or to use the interception, he will charge the investigating judge with the execution of the request. The investigating judge will control the legal possibility to order such interception under Belgian law (See fiche 101) and will motivate his decision to allow or to refuse the interception. He will notify this decision to the requesting authority in the foreseen delay (see point 5).

b. Other useful information

This procedure may concern interception of telecommunication or interception of a private communication by ise of a hidden microphone in a car used by the suspect during his stay on the Belgian territory. The transmission of the letter of request is considered as notification to the Belgian authority. This has to be done as soon as the requesting authority knows that the interception will take place on Belgian territory or as soon as the requesting authority knows that the interception took place on territory (e.g. after analyzing the data of a tracer put on an the car of the suspect).

Last reviewed on 3 March 2017 by EJN Secretariat

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