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 hot pursuit (802)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes. This measure authorises officers from a state who are in pursuit of a person caught in the act of an offence in their own country to continue the pursuit in Belgium.

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. 41)and its Protocol of 24th 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. 18)

3. COMPETENT AUTHORITY TO:

Belgium

* receive the request/decision for judicial cooperation

In accordance with Article 41 of the Convention Implementing the Schengen Agreement of 14 June 1985 the officers in hot pursuit must at the very latest at the moment of crossing the border contact and make their request to the competent authorities of the contracting party on whose territory the hot pursuit is taking place. That information must be given to the local public prosecutor’s office of the geographical area where the hot pursuit is to take place. If this area is not known, the information has to be given to the Federal Prosecutor’s Office – section international cooperation.

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

N/A

4. ACCEPTED LANGUAGES

Belgium

Accepted languages for the request/decision

N/A

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 information relating to the vehicle and/or the person being pursued is immediately sent to all the police departments in the territory via the local operational point of contact. Based on the available workforce and possible intervention deadlines, one or a number of pursuit and intervention operations are set up at the border or as near as possible to the border. Pursuit in Belgium by the German police: - right of pursuit without restrictions in terms of time or area; - right of questioning for up to 30 minutes. Pursuit in Belgium by the French police: - right of pursuit without restrictions in terms of time or area; - no right of questioning. Pursuit in Belgium by the Dutch or Luxembourg police: right of questioning within a 10-kilometre radius of the border. The Belgian police officials resume the pursuit and question the fleeing person(s) as soon as possible. A police search and a security search are carried out on all persons questioned. They are heard in accordance with the rules in force in Belgium. If the foreign agents have carried out questioning themselves, the persons concerned can only be heard by Belgian police officials.

b. Other useful information

N/A

Last reviewed on 3 March 2017 by EJN Secretariat

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