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

Interceptarea şi înregistrarea altor forme de comunicaţie (103)

1. MEASURE IMPLEMENTATION

Franta

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

The legislative measures provide for the capture, securing, transmission and recording of words spoken by one or several persons on a private or confidential basis in private or public places or vehicles or of the image of one or more persons located in a private place, as part of a judicial investigation relating to the commission of offences falling within the scope of article 706-73 relating to organised crime. This measure is possible in relation to criminal offences punishable by a prison sentence of two years or more.

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 investigating judge and also the liberty and custody judge at the request of the investigating judge, under article 706--96 of the Code of Criminal Procedure.

* 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

The investigating judge or the officer of the judicial police appointed by the investigating judge can only request qualified agents from a service, a unit or an organisation placed under the authority or the control/responsibility of the Minister of the Interior or the Minister of Defence and the list of these services, units and organisations is fixed by decree. These agents are authorised to hold equipment relevant to the provisions of article 226-3 of the Code of Criminal Procedure. The interception operations are conducted under the authority and the control of the investigating judge. If the operations to put in place the listening devices or image fixing devices reveal offences other than those referred to by the decision of the investigating judge, this will not constitute grounds for rendering invalid the incidental procedures. A statement relating to each of the operations of putting in place the technical equipment and the operations of capturing, securing and recording, in audio or in audio-visual form, is produced (the time, the start and the end of the operations) and the recordings are placed under seal. Only the recorded images or conversations which are useful for the purpose of demonstrating the truth (i.e. for the purpose of revealing the true facts of the case) are described or transcribed by the investigating judge or by the officer of the judicial police who has been appointed by the investigating judge. Conversations in a foreign language are transcribed into French with the assistance of an interpreter appointed for this purpose (art. 706-97-5). Sound recordings or audio-visual recordings are destroyed by or at the instigation of the public prosecutor or the Prosecutor-General at the end of the limitation period following the prosecution.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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