Fiches Belges: Bélgica

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

Yes. This measure involves the descending upon the site of the crime for the purpose of visiting, describing, reconstituting the facts, searching, sequestering assets, etc. This visit on the crime scene takes place immediately after the discovery of the crime. The requesting authority can request the visit of a crime scene. if this includes a coercive house search: see fiche 601.

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

* 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 public prosecutor, where a person is apprehended in the act of committing an offence. In other cases, the investigating judge. If a house search is necessary to visit the crime scene, the letter of request will be executed by the investigating judge.

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)

There is no specific deadline forseen by the Belgian law for the execution of letters of request. If the requested deadline cannot been respected, the requested authority will be informed accordingly.

a. Special requirements

Content of the international letters rogatory: at least Article 14 of the 1959 Convention. If a house search is needed: see fiche 601.

b. Other useful information

The presence of the requesting judicial authority and/or investigators is possible: this has to be requested explicitly.