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Fiches Belges
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: Saksamaa

Piiriülene jälgimine (801)

1. MEASURE IMPLEMENTATION

Saksamaa

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

Yes. Surveillance by police officers beyond state borders of a person suspected of being involved in an extraditable criminal offence.

2. LEGAL FRAMEWORK

Saksamaa

International legal framework applicable for this measure in your Member State

Convention implementing the Schengen Agreement of 19th June 1990, as amended and completed by Council Decision 2003/725/JHA of 2nd October 2003 (art. 40); Second additional Protocol to the European Convention on mutual assistance in Criminal Matters of 20th April 2001 (art. 17).

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

The public prosecution office in whose district the supposed border crossing is located.

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

N/A

4. ACCEPTED LANGUAGES

Saksamaa

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

Saksamaa

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Saksamaa

a. Special requirements

In general cross-border observations have to be authorised on the basis of a request for mutual judicial assistance submitted in advance. If the surveillance is supposed to be executed for a longer period than 24 hours or on more than 2 days, the offence at stake has to be of considerable significance and surveillance is permissible only if other means of investigation would offer much less prospect of success or be much more difficult. In cases of particular urgency, in which prior authorisation cannot be requested, cross-border surveillance is permitted only for serious offences listed in Art. 40 para. 7, of the Convention implementing the Schengen Agreement, and has to be notified immediately, during the surveillance to the Federal Criminal Police Office in Wiesbaden. Furthermore, a request for assistance submitted in accordance with Art. 40 para. 1 and outlining the grounds for crossing the border without prior authorisation shall be submitted immediately.

b. Other useful information

N/A

Last reviewed on 6 juuli 2016 by EJN sekretariaat

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