Fiches Belges: Belgium

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

Yes. This measure concerns the summoning of suspects or accused persons during the preliminary phases of the criminal procedure.

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th octobre 2001; Benelux Treaty on Extradition and Mutual Legal Assistance in Criminal Matters of 27 June 1962, and its Protocol of 11 May 1974; European Convention on mutual assistance in criminal matters of 20th April 1959 and its additional Protocol of 17th March 1978

* 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 residence or detention of the suspect.

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

N/A

b. Other useful information

N/A