Fiches Belges

Article 46quater of the CIC allows the collection of data relating to bank accounts, products, services and transactions of a financial nature and virtual assets within the framework of the investigation of crimes and offences that may give rise to a main correctional prison sentence of one year or a more severe punishment. The measure can only concern bank accounts of which the suspect is the holder, representative or authorised person.

1959 Convention on Mutual Assistance in Criminal Matters. Directive 2014/41/EU on the European Investigation Order in criminal matters (Article 3).

* 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 investigative 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.

a. Special requirements Content of the international letters rogatory: at least ArticleArticle 14 of the 1959 Convention. Permanent observation of bank operations: this measure is permitted for a renewable period of a maximum of two months. It enables information relating to the bank accounts of which the suspect is the holder, the authorised agent or the true beneficiary to be obtained from banks and credit establishments. b. Other useful information Bank data are not centralised in Belgium. In order to identify the bank accounts held by a suspect in Belgium, all the banks established in Belgium have to be consulted.