Fiches Belges: Luxemburgo

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

"Yes. Systematic surveillance of suspect persons by police agents acting under covert or false identity and pretending to act as coauthors or accomplices of criminal offences. 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 measure: Infiltration by agents of the requesting State in the territory of the requested State (202)."

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 prosecutor or the examining magistrate, under the conditions set forth by articles 48-17 ff. 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; - an indication of the criminal conduct under investigation; - the object of and the reason for the request; - precise information for the purpose of identifying the criminal environment to be infiltrated ; and - the desired duration of the infiltration. Duration limited by law to a maximum of four months; prolongation possible on four months’ basis as long as necessary. Outcome of the measure to be put down in a written report. 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."