Fiches Belges

This measure concerns the interception of mail at any location, including at post offices, the opening and the reading of mail.

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 (Articles 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. 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) For the interception of mail: the local prosecutor (Article 46ter of the Code of Criminal Procedure). For the opening and reading of mail: the investigating judge (Article 88sexies of the Code of Criminal Procedure ). Within the framework of investigations of crimes and criminal offences, the public prosecutor can intercept and seize mail entrusted to a postal service operator from or concerning a suspect (Article 46ter of the Code of Criminal Procedure).

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 requestingrequesting state will be informed accordingly.

The mail of a lawyer or doctor can only be opened and read in case that person is suspected of having committed a criminal offence. This measure cannot be executed without informing the President of the bar or a representative of the competent local professional association for medical practitioners.