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

Joint investigation teams (805)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes. This measure concerns joint investigation teams incorporating foreign officers which are formed in order to carry out criminal investigations under the conditions provided for by the applicable instruments of international law. (Art. 8 of the law of December 2004 on international mutual legal assistance in criminal matters)

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (art. 13), and its Protocol of 16th october 2001; Council Framework Decision of 13th June 2002 on joint investigation teams

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 Belgian investigation linked to the investigation in the requesting state is ongoing. 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 investigating judge if he is in charge of the investigation linked to the investigation in the requesting state, will examine the request and decide on the setting up of the requested JIT. Before the signing of the JIT, the prosecutor od the investigating judge needs the authorisation of the federal prosecutor. Therefor it is useful to inform the federal prosecutor's office from the beginning of the request (Ex.: sending a copy of the request to set up a JIT).

4. ACCEPTED LANGUAGES

Belgium

Accepted languages for the request/decision

Dutch, French, German or English (for the draft on the setting up of a JIT).

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

A request to form a joint investigation team should include the following details: - 1° the authority making the request; - 2° the purpose of and the reason for the request; - 3° where appropriate, the identity and nationality of the person or persons in question; - 4° proposals relating to the composition of the team; - 5° a summarized statement of the facts; - 6° where appropriate, the charge. No formal letter of request is necessary when a related investigation is ungoing in Belgium. If no related investigation is ungoing in Belgium a letter of request within the meaning of the 1959 Convention has to sent with all relevant documents for the Belgian prosecutor to be able to decide on the opening of a Belgian investigation.

b. Other useful information

Before the signing of the JIT, the prosecutor od the investigating judge needs the authorisation of the federal prosecutor. Therefor it is useful to inform the federal prosecutor's office from the beginning of the request (Ex.: sending a copy of the request to set up a JIT). For further information please consult the fiches espagnoles for Belgium, which are to be found on the restricted area of the JIT secretariat (request for acces to be made to national JIT expert).

Last reviewed on 3 March 2017 by EJN Secretariat

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