Fiches Belges

Please indicate: • time-limits necessary to freeze the evidence In the case of objects in the custody of a person that are not voluntarily surrendered (seizure), the seizure that may be made thereon must be confirmed by the court within three days. • scope of items that may be frozen Objects that may be of importance as evidence for the investigation (Section 94 of the Code of Criminal Procedure). • special requirements regarding the transfer of evidence With regard to the surrender of the requested evidence, declarations of the requesting state will be required o that the rights of third parties are protected and o that the surrendered evidence will be returned immediately upon the request of the requested prosecutor's office.

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.

Public Prosecutor´s Office

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.