Fiches Belges: Belgium

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

Yes. Legal basis under Belgian Law: Law of 15 May 2012 on the application of the principle of mutual recognition to custodial sentences or measures involving deprivation of liberty imposed in a Member State of the European Union

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (only applicable with Member States having implemented this FD); For other Member States (and for non EU Member States), Belgium continues to apply the European Convention of 28 May 1970 on the International Validity of Criminal Judgments the European Convention of 21 March 1983 on the transfer of sentenced person and its 1997 Additional Protocol or any existing bilateral treaty.

* receive the request/decision for judicial cooperation

The competent Belgian authority for giving Belgium's prior consent for a judgment to be forwarded is the Minister of Justice. If no prior consent from Belgium is required, the jugment can be directly forwarded to the Public Prosecutor of Brussels.

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

The competent Belgian authority for recognising and executing a judgment forwarded to Belgium (the executing authority) is the Public Prosecutor of Brussels.

Accepted languages for the request/decision

The certificate 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.

Deadlines for the execution of the request/decision (where applicable)

Max. 30 days for the decision of the Brussels public prosecutor on the execution of the judgment (this deadline does not include legal remedies against such decision available to the person concerned who is present on the Belgian territory ).

a. Special requirements

Dual criminality: the execution of the judgment has to be refused if the offence for which the the judgment was imposed 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 authorized under Belgian law will not be considered to be covered by category of offence 'murder'.

b. Other useful information

N/A