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

Freezing of bank accounts (502)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes. Bank accounts can be immediately frozen as from the moment the bank or financial institution is informed of the request to supply information on bank accounts and bank transactions, until a period of maximum five working days after the bank or financial institution has given this information (article 46, IV, §2, b of the Criminal Investigation Code (CIC)). The measure can only be ordered if it is justified by serious and exceptional circumstances and may only be ordered for a limited number of serious offences: - attempt on or conspiracy against the King, the royal family or the government; - serious violations of international humanitarian law - terrorism - computer-related crime - corruption - interception and recording of private (tele-)communications - offences concerning the secrecy of private (tele-)communications - serious threats - hostage taking - illicit sexual acts or abuse - murder - kidnapping of minors - trafficking in human beings - serious forms of theft - robbery with murder - offences concerning nuclear material - counterfeiting - certain forms of arson and explosion - illicit trade in narcotic drugs - abuse of telecommunication - illicit trafficking in weapons - smuggling of human beings - illicit trafficking in hormonal substances

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence

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)

N/A

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)

N/A

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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