Fiches Belges

- Hearing of a witness via video-conference is possible in accordance with Directive 2014/41/EU on EIOs (Art. 24; EU MLA Convention 2000) or - if not yet implemented Art 9 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001). The consent of the person concerned is necessary. The consent may be revoked at any time. - The measure is also possible for the hearing of suspects/person accused; there is however no obligation to grant the hearing of a suspect/accused person via videoconference upon a request. A hearing by videoconference requires the consent of the suspect/person accused. Such consent may be revoked at any time. The specific modalities of the hearing of suspects/persons accused by videoconference are subject of specific agreements on a case by case basis between the issuing and the executing competent authorities.

Directive regarding the European Investigation Order in criminal matters in relation to Member States which have implemented the Directive ; For the Member States which have not implemented the afore mentioned Directive: European Convention on mutual assistance in criminal matters of 20th April 1959 (art. 3 ff.) and its additional Protocol of 17th March 1978, approved by statute of 27th August 1997; Convention implementing the Schengen Agreement of 19th June 1990, as far as it is still applicable between the states concerned. Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th october 2001, as far as it has already been ratified by the states concerned; Second additional Protocol dated 8 November 2001 to the European convention on mutual assistance in Criminal Matters dated 20 April 1959

Public Prosecutor´s Office

For Member States which have implemented the European Investigation Order: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language. For Member States which have not (yet) implemented the European Investigation Order: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request, and the supporting documents into the German language, unless it has been agreed differently in a bilateral agreement.

Under the European Investigation Order: The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. For States not applying the European Investigation Order: No Deadlines.

The assistance of participation of agents of the requesting State in the execution of the measaure is possible and permissible. Hearing of experts and experts witnesses by video conference is also possible.