Mutual legal assistance in criminal matters
A statute of 8th August 2000 concerning mutual legal assistance in criminal matters, as amended, designates the General Prosecutor as the central authority for receiving all mutual legal assistance requests issued by international and national judiciary authorities and aiming at the execution of coercive judicial measures requiring the intervention of the Luxembourgish investigating magistrate on Luxembourg territory. The legislator’s intention has been to de-politise international mutual legal assistance in criminal matters by excluding the intervention of the Ministry of Justice.
In order to fulfil its role of central authority, the General Prosecution Service has set up a specific unit, the service for international mutual legal assistance in criminal matters (“Service d’Entraide Pénale Internationale”), with specialized judges as well as an own secretariat having material and informatics
means necessary for the execution of its task. The service for international mutual legal assistance in criminal matters deals with approximately five hundred international requests per year, and drafts the relevant statistics published with the annual report on Justice.
The General Prosecutor also is the central authority in charge of confiscation and restitution decisions rendered by foreign courts, as well as the application of a certain number of international conventions against international crime.
Luxembourg has delegated a national member to Eurojust in The Hague in the Netherlands, and participates in the European Judicial Network in criminal matters with three contact points.