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

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Belgium

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

Yes, the legal basis under Belgian Law is the Law of 19 December 2003 related to the European Arrest Warrant as amended by the law of 25 April 2014 and the law of 5 February 2016.

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

3. COMPETENT AUTHORITY TO:

Belgium

* receive the request/decision for judicial cooperation

The public prosecutor who is territorialy competent ; If not known: the federal public prosecutor or the central authority of the Belgian Ministry of Justice.

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

If the person consents: the public prosecutor If the person does not consent: investigating judge and 'chambre du conseil' (subsidiary competence)

4. ACCEPTED LANGUAGES

Belgium

Accepted languages for the request/decision

The EAW should be drawn up in or translated into French, Dutch, German or English. 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)

The decision on the execution is normally taken within max. 60 days (including legal remedies); The surrender will in principle take place within 10 days after the decision.

6. CONCISE LEGAL PRACTICAL INFORMATION

Belgium

a. Special requirements

Time limits to receive the EAW after the provisional arrest of the person sought: Belgian law does not lay down a time limit for receiving the original or a copy of the European arrest warrant. However, the European arrest warrant must be available at the time when the person is entitled to have access to his file before being heard by the chambre du conseil. Consequently, European arrest warrants should be sent to the Belgian authorities within 10 days of the person's arrest. Either the original or a certified true copy of the European arrest warrant should be sent. Dual criminality: the execution of a EAW may be refused if the offence for which the European arrest warrant was issued does not constitute an offence under Belgian law, unless the issuing judicial authority has indicated that the offence falls within one of the 32 categories of offence for which the double criminality requirement has been withdrawn. Euthanasia and aborption permitted under Belgian law will not be considered to be covered by category of offence 'murder'

b. Other useful information

N/A

Last reviewed on 3 March 2017 by EJN Secretariat

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