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

Hearing persons collaborating with the inquiry (706)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes. The hearing of magistrates, police officers and experts is possible, with the possibility of partially (Article 75 III of the Criminal Investigation Code (CIC)) or fully (Article 86II- 86V of the CIC) preserving their anonimity.

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

European Convention on mutual assistance in criminal matters of 20th April 1959; Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Unio

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 public prosecutor or the delegated judicial police officer. The investigating judge if the person has to be heard under oath. The hearing of persons who are the subject of an anonymity measure is always carried out by the investigating judge. In the case of partial anonymity, the hearing can take place within the framework of a mini judicial inquiry, whilst in the case of total anonymity, the investigating judge is required to open a full judicial inquiry.

4. ACCEPTED LANGUAGES

Belgium

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.

5. EXECUTION DEADLINE

Belgium

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.

6. CONCISE LEGAL PRACTICAL INFORMATION

Belgium

a. Special requirements

At least Article 14 of the 1959 Convention

b. Other useful information

Magistrates, law enforcement agents or experts can always apply their professional secrecy The presence of the requesting judicial authority and/or investigators can be allowed; this has to be requested explicitely in the letter of request.

Last reviewed on 3 March 2017 by EJN Secretariat

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