Fiches Belges: Belgia

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

Yes. This measure involves the restitution to the owner of moveable property that has been removed or seized to his or her detriment; this restitution can take place as a matter of course without requiring an express request from the owner of the removed items. In the broadest sense, it involves all measures that are aimed at restoring the status of the item as it was prior to the offence and to remove its criminal status.

International legal framework applicable for this measure in your Member State

N/A

* 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)

N/A

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

N/A

b. Other useful information

Restitution is made directly to the person from whom the goods were seized, unless otherwise ordered by the judge (Article 2 of Royal Decree no. 260 of 24 March 1936 on detention at the court registry and the procedure for the restitution of goods seized during criminal proceedings).