Fiches Belges: Belgia

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

Yes. This measure concerns the interception of mail at any location, including at post offices, the opening and the reading of mail.

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)

For the interception of mail: the local prosecutor (Article 46TER of the Criminal Investigation Code (CIC)). For the opening and reading of mail: the investigating judge (Article 88sexies of the CIC). Within the framework of investigations of crimes and criminal offences, the public prosecutor can intercept and seize mail entrusted to a postal service operator from or concerning a suspect (Article 46ter of the CIC).

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)

N/A

a. Special requirements

Content of the international letters rogatory: at least Article 14 of the 1959 Convention

b. Other useful information

The mail of a lawyer or doctor can only be opened and read in case that person is suspected of having committed a criminal offence. This meausre cannot be executed without informing the President of the bar or a representative of the competent local professional association for medical practitioners.