Fiches Belges: Belgium

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

Yes. The measure refers to summoning witnesses when in order to ensure that the witness will appear. However, it is to be mentioned that the criminal investigation department and the public prosecutor may invite a witness to appear.

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

* 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 public prosecutor of the place of the residence of the witness

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.

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 been respected the requesting state will be informed accordingly.

a. Special requirements

Content of the international letters rogatory: at least Article 14 of the 1959 Convention.

b. Other useful information

N/A