Fiches Belges: Luxemburgo

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

"Yes. Technical measure that consists in secret, real time listening and capturing of communications. Exceptional measure to be duly motivated, limited in duration unless prolonged. Scope limited to criminal offences punishable by a prison sentence of at least two years. Alternative measures: Interception, Recording and Transcription of Telecommunications (See sheet 101). Tracing of Telecommunications (See sheet 102)."

International legal framework applicable for this measure in your Member State

"1959 Convention 2000 Convention Directive 2014/41/EU"

* receive the request/decision for judicial cooperation

The examining magistrate, under the conditions set forth under article 88-1 to 88-4 of the Code of Criminal Procedure.

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

N/A

Accepted languages for the request/decision

Translation into French, German or English mandatory for letters rogatory and attached documents.

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

for EIOs: as per Directive 2014/41/EU & art. 18 et seq. of the Law of 1 August 2018 on the EIO

a. Special requirements

"To be requested by international letters rogatory. Contents: - an indication of the authority making the request; - a summary of the facts; - confirmation that a lawful interception order or warrant has been issued in connection with a criminal investigation; - information for the purpose of identifying the subject of the interception; - an indication of the criminal conduct under investigation; - the desired duration of the interception; and - if possible, the provision of sufficient technical data to ensure that the request can be met. Duration limited to one month by law; prolongation possible on a monthly basis as long as necessary, however no longer than one year. Transcription of the relevant communications under authority of the examining magistrate. Execution of the measure in conformity with the procedure applicable in the requesting State : possible as a matter of principle; to be assessed on a case by case basis. Relevant formalities to be expressly indicated."

b. Other useful information

"Assistance or participation of agents of the requesting State in the execution of the measure: Possible as a matter of principle, to be assessed on a case by case basis."