Fiches Belges

Hearing witnesses: The hearing of witnesses by means of telecommunications. It involves a link, in real-time, between two separate locations i.e. where the authority carrying out the questioning is situated and where the person being questioned is situated. Hearing suspects/persons accused: This measure is currently not provided for by Belgian law. Alternative measure: See Hearing suspects/persons accused : standard procedure (fiche A.11).

European Convention on mutual assistance in criminal matters of 20th April 1959; Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (Articles 3 and 25).

* receive the request/decision for judicial cooperation The request must be sent to the local public prosecutor’s office of the geographical area where the investigating measure must be executed. If this area is not known, the request must be sent to the federal prosecutor’s office - section of international cooperation. * execute/recognise the measure (if other than the receiving authority) The public prosecutor or the investigating judge.

Dutch, French, German and English. Important remarks: Before the execution, the request will be translated by the Belgian prosecutor if the language is not the language of the judicial area where the request must be executed. It is recommended, when possible, to obtain, prior to sending the request, information about the use of the correct language.

The deadlines as foreseen in the EIO Directive are applicable. There is no specific deadline foreseen by Belgian law for the execution of letters of request. If the requested deadline cannot be respected, the requesting state will be informed accordingly.

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