Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Alemania

Puesta en libertad supervisada (804)

1. MEASURE IMPLEMENTATION

Alemania

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

Yes. According to German law controlled deliveries are a special kind of cross-border observation. According to German law controlled transit is the illegal transport of drugs, weapons, stolen property or goods and similar from abroad via Germany to a third country under surveillance. Controlled export is the illegal transport from Germany to foreign countries under surveillance. Controlled import is the illegal transport from foreign countries to Germany under surveillance.

2. LEGAL FRAMEWORK

Alemania

International legal framework applicable for this measure in your Member State

Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (art. 12); Second additional Protocol to the European Convention on mutual assistance in Criminal Matters of 20th April 2001 (art. 18); United Nations Convention of 20th December 1988 against Illicit Traffic in Narcotic and Psychotropic Substances (art. 11); Convention implementing the Schengen Agreement of 19th June 1990, as amended and completed by Council Decision 2003/725/JHA of 2nd October 2003 (art. 73). See also Cross-border observation (801).

3. COMPETENT AUTHORITY TO:

Alemania

* receive the request/decision for judicial cooperation

In case of controlled export: The public prosecution office in whose district the transport begins. In case of controlled transit or import: The public prosecution office in whose district the supposed border crossing is located, unless investigation proceedings in respect of the offence are already pending at another German public prosecution office.

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

N/A

4. ACCEPTED LANGUAGES

Alemania

Accepted languages for the request/decision

In the respective language with a German translation (required), unless a bilateral waiver of translation has been agreed upon.

5. EXECUTION DEADLINE

Alemania

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Alemania

a. Special requirements

In addition to the requirements of cross-border observation controlled deliveries are premissable, if - the identities of the persons pulling the strings or the ways of distribution cannot be established by other means, - surveillance guarantees access to the perpetrator and the delivered good at any time, - the states involved consent to controlled import or transit - the foreign state guarantees to control the delivery constantly, to investigate the courier, the persons pulling the strings and customers, to confiscate the delivered goods and to keep the German prosecution service informed constantly.

b. Other useful information

N/A

Last reviewed on 6 julio 2016 by Secretariado de la RJE
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