Fiches Belges

Witnesses can be interviewed by the police and customs on a voluntarily basis. When interviewed by a (examining) magistrate the witness is obliged to make a statement. In case of breach of the legislation the examining magistrate is empowered to remand the witness in custody for a period of 12 days. The suspects/accused persons have to be given security (not obliged to cooperate). Note: from the 1st of March 2016 onwards all suspects can have legal aid / assistance during the hearing by the police, according to new legal provisions, regarding implementation law of Directive 2013/48 (22 October 2013), following the Salduz jurisprudence.

European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 20/04/1959 Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 17/03/1978 EU Convention on Mutual Legal Assistance in Criminal Matters, Brussels, 29/05/2000 The Schengen Agreement (Schengen, 19 juni 1990)

To receive the requests: The competent authorities are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC). To execute the requests/EIO: Police, public prosecutor, examining magistrate.

One of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language.

N.A.

Notice: the right of the witness of declination to give evidence of relatives and a (former) spouse, based on an obligation of confidentiality, under danger of (self) incrimination, concerning the interview of a threatened witness.