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: Franta

Urmărirea telecomunicaţiilor (102)

1. MEASURE IMPLEMENTATION

Franta

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

In cases involving the simple tracing of telecommunications (activated mobile terminals, for example), the requisitions for this measure can be carried out by police officers without an order from a magistrat (judge or prosecutor). The interception can only be conducted if it is necessary for the judicial investigation (art. 100 of the Code of Criminal Procedure).

2. LEGAL FRAMEWORK

Franta

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters of 29 May 2000 (Title 3). Failing that, the Convention implementing the Schengen Agreement of 14 June 1985.

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

The police, the prosecution service, the investigating judge.

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

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

A translation in French is not required (article 16 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. The Additional Protocols to this Convention, and the MLA Convention of 29 May 2000, simply complement the original Convention and do not raise any question of translation requirements) but it is nonetheless recommended that a translation be provided, in order to facilitate and expedite the execution of the request for assistance.

5. EXECUTION DEADLINE

Franta

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

Data not available.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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