Fiches Belges: Luxembourg
Communication of individual police records/criminal records (405) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | "Yes.
No alternative measures."
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2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | "Statutory basis: >
European Convention on mutual assistance in criminal matters of 20th April 1959 (articles 13 and 15, paragraph 3), approved by statute of 21st July 1976, and its additional Protocol of 17th March 1978, approved by statute of 27th August 1997 - Benelux Treaty on Extradition and Mutual Legal Assistance in Criminal Matters of 27th June 1962 (articles 36 and 38-3), and its Protocol of 11th May 1974 - Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (article 6, paragraph 1), and its Protocol of 16th October 2001, approved by statute of 27th October 2010."
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | "Central authority: the general prosecutor. Direct transmission between judicial authorities possible."
| * execute/recognise the measure (if other than the receiving authority) | N/A |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | To be requested in French or German; English is commonly accepted.
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5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | "To be requested in writing to the judicial authorities having jurisdiction. Contents: - an indication of the authority making the request; - the identification of the person whose criminal record is requested (name, surname(s), date of birth, place of birth); - a mention that the copy of the criminal record is requested for use in court, with an indication of the specific case. | b. Other useful information | "Not applicable."
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