Fiches Belges

This measure concerns intercepting, listening to, analysing and recording of not publicly accessible communications, in virtue of Article 90ter90ter of the Code of Criminal Procedure. This Article applies not only to telecommunications but also to any other means of private communication. The measure can only be ordered, in exceptional cases, by lack of other sufficient measures to find out the truth, if there are serious indications that it concerns an offence referred to below. It may only be ordered for a limited number of serious offences: - attempt on or conspiracy against the King, the royal family or the government; - serious violations of international humanitarian law – terrorism – violation of the rights guaranteed by the Constitution by public servants - computer-related crime - corruption - interception and recording of private (tele-)communications - offences concerning the secrecy of private (tele-)communications - serious threats – criminal organization - hostage taking - illicit sexual acts or abuse– sexual exploitation of minors - murder - kidnapping of minors – luring of minors through communication technologies for criminal purposes - trafficking in human beings and organs - serious forms of theft - robbery with murder - offences concerning nuclear material - counterfeiting – certain forms of fraud – fencing - certain forms of arson and explosion - illicit trade in narcotic drugs - abuse of telecommunication - illicit trafficking in weapons - smuggling of human beings - illicit trafficking in hormonal substances. The attempt to commit a crime referred to hereabove may also justify such a measure.

1959 Convention on Mutual Assistance in Criminal Matters; Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (Art. 3 and 30).

* 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. IfIf this area is not known, the letter of 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 investigating judge, within the limits of Article 90ter,90ter, §2, of the CIC. Interception of telecommunication is the exclusive competence of the investigating judge who will be charged with the execution of the request (see below for further information).

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 request: at least Articles 5 and 30 of the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. 1. The investigating judge has the obligation to motivate his order to proceed to the interception of telecommunication (proportionality check). It is required that the request contains sufficient information about the investigation in order to make the investigating judge able to motivate his order. 2. The duration of the interception is limited to one month by law; prolongation is possible on a monthly basis as long as necessary, however no longer than 6 months. It is required that the request mentions the exact date of start of the interception. In order to prolong the interception, it is necessary to send an additional request in due time with all relevant information. Execution of the measure in conformity with the procedure applicable in the requesting state: the entire intercepted communication is recorded on electronic support and a police report containing the relevant communication, under control of the investigating judge, are deposited in a sealed envelope at the clerk office of the competent court. The communications gathered as a result of the measures taken in accordance with Articles 90ter, 90ter,quater and quinquies of the CIC are recorded. The aim of the measure as well as the dates and times at which it was carried out are recorded at the start and at the end of each recording to which it relates. Except for the unabridged transcription of the recording, all notes taken in the context of the performance of the measures referred to in the previous paragraph by persons appointed for this purpose that are not recorded in a transcript, are destroyed. b. Other useful information It is possible, if technically possible, to request the immediate transmission of the intercepted communication directly to the requesting authority. This must be requested specifically. Communications or telecommunications covered by professional confidentiality (e.g., lawyers or medical doctors) are not recorded in the transcript. If the measure concerns communications covered by professional confidentiality, a special procedure applies (article 90octies, §Article 90octies, §2, of the CIC). The measure may also be ordered for persons other than the suspect, who have a close contact with the suspect (Article 90ter, §1, of the CIC).