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

Cross-border observation (801)

1. MEASURE IMPLEMENTATION

Belgium

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

This measure involves observation within the framework of a criminal investigation, which starts off on national territory of one state and continues on the territory of another state.

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

Convention implementing the Schengen Agreement of 14th June 1985 on the gradual abolition of checks at common borders (art. 40) and its Protocol of 24 June 1997, and amended and completed by Council Decision 2003/725/JHA of 2nd October 2003; Treaty between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg concerning cross-border police intervention (art. 19);

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 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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Belgium

a. Special requirements

The observation team must possess the document attesting that authorisation has been given, comply with the injunctions of the locally competent authorities, be in a position to give proof of its quality at any given time, only use their standard issue weapon in self-defence, not enter places of residence or premises not accessible to the public and not question or arrest persons being observed. Observation is resumed at the border or as near as possible to the border by the requested Belgian police department as soon as possible. In certain cases, the observation team will be accompanied by a Belgian police officer from the border or as near to the border as possible. A report is written and a sent in duplicate to the competent public prosecutor if the observation has produced any evidence that is essential for exposing the truth.

b. Other useful information

N/A

Last reviewed on 3 March 2017 by EJN Secretariat

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • ® 2020 EJN. All Rights Reserved