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

Confiscation (505)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes. Special confiscation is an accessory penalty (it requires a conviction) (Art. 42 to 43 IV C of the Penal Code and Art. 505 C of the Penal Code regulating the confiscation of goods resulting from laundering). Confiscation within the framework of mutual legal recognition is provided for by the law of 5 august 2006 (amended by the law of 26 November 2011 and by the law of 19 March 2012 on the application of the principle of mutual recognition of judicial decisions in criminal matters between the member states of the European Union).

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

Framework Decision 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders; The European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and its two additional protocols of 17 March 1978 and 8 November 2001; The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000; The Convention of the Council of Europe, known as the Strasbourg Convention, of 8 November 1990 on the laundering, search, seizure and confiscation of the proceeds of crime; The United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances, known as the Vienna Convention, of 20 December 1988; The United Nations Convention against Transnational Organised Crime, known as the Palermo Convention, of 15 November 2000;The United Nations Convention against Corruption, known as the Merida Convention of 31 October 2003

3. COMPETENT AUTHORITY TO:

Belgium

* receive the request/decision for judicial cooperation

Mutual recognition and MLA request: the confiscation certificate or the letter rogatory should be transmitted to the public prosecutor of the district where the (majority of) items of property are located.

* execute/recognise the measure (if other than the receiving authority)

Mutual recognition and ML request: the competent public prosecutor will bring the case before the Criminal court. The latter is competent to take the decision on the recognition /execution of the judgment.

4. ACCEPTED LANGUAGES

Belgium

Accepted languages for the request/decision

Mutual recognition: the certificate should be drawn up in or translated into Dutch, French, German or English. MLA request: the letter rogatory should be drawn up in or translated into 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

Mutual recognition: the execution of confiscation orders resulting from the application in the issuing State of extended powers may be refused in case the confiscation would not be possible under article 43quater of the Belgian criminal code.

b. Other useful information

The Central Office for Seizure and Confiscation (OCSC www.confiscaid.be) established in accordance with the law of 26 March 2003, is concerned with the index-linked management of goods seized (confiscation or alienation). This office also aims to facilitate international cooperation with regard to seizure and confiscation.

Last reviewed on 3 March 2017 by EJN Secretariat

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