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

Other possibilities of obtaining information concerning taxes or bank accounts (403)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes. This measure allows the collection of data relating to bank accounts and transactions within the framework of the investigation of crimes and offences that may give rise to a main correctional prison sentence of one year or a more severe punishment (Article 46 QUATER of the CIC). The measure can only concern bank accounts of which the suspect is the holder, representative or the authorized person.

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

1959 Convention on Mutual Assistance in Criminal Matters; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th October 2001.

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 local public prosecutor or the federal prosecutor

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)

There is no specific deadline foreseen by the Belgian law for the execution of letters of request. If the requested deadline cannot be respected, the requesting state will be informed accordingly.

6. CONCISE LEGAL PRACTICAL INFORMATION

Belgium

a. Special requirements

Content of the international letters rogatory: at least Art. 14 of the 1959 Convention Permanent observation of bank operations: this measure is permitted for a renewable period of a maximum of two months. It enables information relating to the bank accounts of which the suspect is the holder, the authorised agent or the true beneficiary to be obtained from banks and credit establishments.

b. Other useful information

Bank data are not centralised in belgium. In order to identify the bank accounts held by a suspect in Belgium all the banks established in Belgium have to be consulted. This is done by the central service for financial crimes of the federal police on the order of the public prosecutor.

Last reviewed on 3 March 2017 by EJN Secretariat

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