Fiches Belges

Art. 100 a Strafprozessordnung (Procedural Law) The surveillance of all kind of telecommunication is admissible in cases of serious crimes like high treason, murder and homicide as well as offences against personal liberty, offences related to organized crimes, terrorism and others, which are listed under Art. 100 a sec. 2 StPO. The interception of encrypted communication is admissible (§ 100a sec. 1 sentence 2 StPO), if the unencrypted communication could be intercepted by regular wiretapping.

Directive regarding the European Investigation Order (EIO) in criminal matters in relation to Member Statesd (EU Directive 2014/41/EU from 3rd April 2014). Directive of 11th of December 2018 (EECC, EU Directive 2018/1972/EU). For countries having not implemented the mentioned Directive: Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (29th May 2000); Convention implementing the Schengen Agreement.

The public prosecutor’s office with competences for the court district in which the act of judicial assistance is to be executed.

In the respective language with a German translation (required), unless a bilateral way of translation has been agreed upon.

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.

a. Special requirements When using an EIO: no special requirements are needed. Otherwise: - There are two options: either the requesting authority states in the request the details of the order to wiretap and that it has been issued OR the court order is enclosed to the request. b. Other useful information Phone surveillance may only be ordered for a period up to three months with the possibility of extention. The extention shall be subject to a new request with new arguments for extention. All data/records have to be deleted/destroyed after finishing the proceedings. It should be noted that the German prosecutor is oblieged to inform the affected persons about the measure as soon as it is termined when the purpose of the investigation, public safety and the life and limb of any person are not endangered and that at the end of a period to be determined, it is assumed that notification may be given if facts that speak against are not communicated before the expiry of that period.