Fiches Belges: Bélgica

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

Infiltration is the act, by a police official, known as an undercover agent, of maintaining long-standing relationships with one or several persons with regard to whom there are serious indications that they are committing or are going to commit offences within the framework of a criminal organisation (Article 324bis C. of the Penal Code) or one of the following offences: - attempt on or conspiracy against the King, the royal family or the government; - serious violations of international humanitarian law - terrorism - computer-related crime - corruption - interception and recording of private (tele-)communications - offences concerning the secrecy of private (tele-)communications - serious threats - hostage taking - illicit sexual acts or abuse - murder - kidnapping of minors - trafficking in human beings - serious forms of theft - robbery with murder - offences concerning nuclear material - counterfeiting - certain forms of arson and explosion - illicit trade in narcotic drugs - abuse of telecommunication - illicit trafficking in weapons - smuggling of human beings - illicit trafficking in hormonal substances

International legal framework applicable for this measure in your Member State

1959 Convention on Mutual Assistance in Criminal Matters 2000 Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Article 14)

* 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 investigating measure has to be executed. 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 investigating judge can authorise the measure within the framework of the judicial inquiry and the public prosecutor within the framework of the criminal investigation.

Accepted languages for the request/decision

Dutch, French and German 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)

N/A

a. Special requirements

Content of the international letters rogatory: at least Art. 14 of the 1959 Convention Duration limited by law to a maximum of three months; prolongation possible on three months’ basis as long as necessary. Outcome of the measure to be put down in a written confidential report.

b. Other useful information

The public prosecutor leads the operation. All measures must be taken in order to protect the anonymity and the mental and physical integrity of the undercover agent. Assistance or participation of law enforcement agents of the requesting State in the execution of the measure is possible as a matter of principle, to be assessed on a case by case basis.