Fiches Belges

This technique is strictly regulated. It regards data about a user and (tele)communication traffic involving that user. Suspicion of an indictable offence (preventive custody allowed for any criminal offence with a 4 year prison sentence); - The measure must be required for the investigation; It is applicable to a user of a (tele)communication service; not necessarily a suspect.

EU Directive 2014/41/EU, with the European Investigation Order (EIO), was implemented in Dutch law, effective from June 17th 2017. For countries who have not implemented this EU Directive: - EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); - European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959); - Several bilateral and multilateral treaties.

The competent authority to receive the EIO/MLA are the regional International Legal Assistance Centres (the regional IRCs) and the National Legal Assistance Centre (LIRC). The public prosecutor is the competent authority to execute the EIO/MLA

When using an EIO: Dutch or English Otherwise: one of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language.

The deadlines mentioned in the EU Directive 2014/41/EU (EIO).

It must be a written request, and in case of urgency verbally, then to be confirmed in writing within 3 days. Furthermore the public prosecutor can choose another measure then asked for in the EIO, if the requested measure does not exist in Dutch law or would not be applicable.