Fiches Belges: Luxemburgo

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

"Yes. Hearing of a witness (702) by means of a teleconference. Scope: all types of criminal offences. Alternative measures: Hearing witnesses: standard procedure (702) or by video conference (703)."

International legal framework applicable for this measure in your Member State

"Yes. Statutory basis: - Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (art. 11), and its Protocol of 16th octobre 2001, approved by statute of 27th October 2010"

* receive the request/decision for judicial cooperation

"The Prosecutor."

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

N/A

Accepted languages for the request/decision

Translation of the letters rogatory and attached documents into French or German; English commonly accepted.

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

N/A

a. Special requirements

"To be requested by international letters rogatory. Contents: - an indication of the authority making the request; - the object of and the reason for the request; - time and place of perpetration of the offence, and a summary of the facts; - where possible, the identity and the nationality of the person concerned; - the identification and address of the witness to be heard; - an indication of the criminal conduct under investigation, including the statutory basis and the sanctions attached thereto; - any specific procedure requested by the requesting party, in particular whether the witness is to be heard under oath or not, and whether he is to be informed about any rights in application of the procedure of the requesting State; - date and time for the teleconference, taking in to account time zone differences; - type and dialing number of the teleconference equipment, taking into account international and regional prefixes; - as the case may be, any encryption standards used for the communication. Witnesses must present themselves; unwilling witnesses may be compelled to appear by warrant. Hearings are formalised in a 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

None.