Fiches Belges

Articles 90ter, §§ 6 and 7, of the Code of Criminal Procedure allow a competent authority of another state to intercept, hear and register temporarily private telecommunications of a suspect in the framework of a criminal investigation during the stay of a suspect on Belgian territory if no Belgian technical assistance is used if this measure is notified by the intercepting state and if this measure is foreseen by an international legal instrument. This procedure may concern the interception of telecommunication or interception of private communication in a car used by the suspect by means of using a hidden microphone.

Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (Articles 3 and 31).

* 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 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 §2 of the CIC (See fiche 101 for the list of offences) Interception of communications 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.

Article 39 of the law implementing the EIO foresees a deadline of 96 hours to notify the requesting state of the interception cannot take place or has to be ended or that communication cannot be used.

a. Special requirements Content of the request: Annex C 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. Execution of the measure in conformity with the procedure applicable in the requesting State. As soon as the public prosecutor receives the request he will charge the investigating judge with the execution of the request. b. Other useful information The request must be done as soon as the requesting authority knows that the interception will take place on Belgian territory or as soon as the requesting authority knows that the interception took place on territory (e.g. after analysing the data of a tracer put on the car of the suspect).