Fiches Belges

Control of regular mail refers to the capture of computer data that is governed by articles 706-95-11 to 706-102-5 of the Code of criminal procedure and the article D. 15-1-6 of the same code. The capture of computer data is the technical device whose purpose is, without the consent of the persons concerned, to access, in any place, computer data, to record, store and transmit them, as they are stored in a computer system, as they are displayed on a screen for the user of an automated data processing system, as he enters them by typing characters or as they are received and transmitted by audiovisual devices. The capture of computer data thus makes it possible to remotely and continuously capture data (texts, images, audio...) on a target computer terminal (computer, phone, tablet...). Thanks to this technique, the investigators can both access the data contained in a digital terminal and intercept the flows . This solution has the advantage of bypassing the encryption of communications. Indeed, in addition to the recording of keystrokes and the capture of screen copies, the technical device used makes it possible to recover conversations (from applications such as Skype or WhatsApp) and data stored in a computer system. It thus allows to search, remotely in the hard disk of a terminal, useful information for the development of judicial investigations. The capture of computer data is done either by means of a technical device introduced directly into the medium or by remote injection. It is distinguished from the interception of electronic communications by its purpose because it targets computer data of any kind and not only written or sound messages. This special investigative technique is reserved for offences of a terrorist nature, organized crime (706-73 CCP) and serious economic crime (706-73-1 CCP). The capture of computer data is authorized: During the police investigation: liberty and custody judge, at the request of the public prosecutor; During the judicial investigation: the investigating judge, on the advice of the public prosecutor In the event of an imminent risk of loss of evidence or serious harm to persons, the investigating judge may issue an authorization without obtaining the prior opinion of the public prosecutor. The duration of the measure varies according to the investigation: -In the context of the police investigation, the duration is one month, renewable once; -In the context of the judicial investigation, the duration is four months, renewable under the same conditions of form and duration, but the total duration of the operations may not exceed two years.

• Directive 2014/41/EU of 3 April 2014. • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000.

• On the basis of the Directive on EIO of 3 April 2014 : According to article 694-30 of the code of criminal procedure, the EIO issued by the authority of another Member State of the European Union is directly transmitted for recognition and execution to : - the investigating judge that has territorial jurisdiction, if this decision concerns acts that can only be ordered or carried out during a judicial investigation, or which can only be carried out in the course of an investigation with the authorization of the liberty and custody judge. - or, the public prosecutor that has territorial jurisdiction, in all other cases. • On the basis of the MLA Convention of 29 May 2000 it is the judicial authority that has territorial jurisdiction which receives the request, namely the public prosecutor or investigating judge who has territorial jurisdiction (articles 695-1 et seq. and 694-1 et seq. of the Code of Criminal Procedure). The request can also be addressed to the Prosecutor-General, who will forward it to the competent magistrate (judge or prosecutor).

• Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: French. • Convention of 29 May 2000 complementing this Convention do not raise any question of translation requirements.

• Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: The competent authority must execute it as soon as possible and at the latest within 90 days after the decision of recognition of the EIO. • MLA Convention of 29 May 2000: The requested State executes the request for mutual legal assistance as soon as possible (art. 4 paragraph 2 Convention of 29 may 2000). There is no deadline for the execution of requests for assistance in French criminal law. However, it is possible, in the body of the request, to ask for a deadline to be observed; such a deadline will, however, only be regarded as a general guide.

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