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

Access to public documents in judicial files (404)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes. The criminal investigation (by a public prosecutor) and the judicial inquiry (by an investigating judge) are, in principle, secret. However, the suspect and the plaintiff will, within certain limits, have access to a record of the case. More generally, it is possible to obtain reports of pleadings or trial proceedings. It is possible for the competent judicial authorities of a state to request a copy of criminal files (or part of it), even for an ongoing investigation.

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 general prosecutor, the federal prosecutor, the public prosecutor or the investigating judge if his investigation is still ongoing

4. ACCEPTED LANGUAGES

Belgium

Accepted languages for the request/decision

Dutch, French or 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 specifia 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

N/A

b. Other useful information

N/A

Last reviewed on 3 March 2017 by EJN Secretariat

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