Fiches Belges

This measure involves the descent to the crime scene for the purpose of visiting, describing, reconstituting the facts, searching, sequestering assets, etc. This visit to the crime scene takes place immediately after the discovery of the crime. The requesting authority can request a visit to a crime scene. If this includes a coercive house search: see fiche A.30.

EU Directive 2014/41/EU, with the European Investigation Order (EIO). For countries who have not implemented this EU Directive: - 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).

* 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 depending on the circumstances.

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 If a house search is needed: see fiche A.30. b. Other useful information The presence of the requesting judicial authority and/or investigators is possible: this has to be requested explicitly.