Fiches Belges

concealed seizure of mail to or from suspects is permitted to investigate severe criminal offences (listed in § 100a sec. 2 StPO, Procedural law) a clarification is needed, if content data is mentioned to be seized for the future or only saved content data an open measure with notice to the suspected person is possible for saved content data in any investigation (§§ 94, 95 StPO) a delay of the notioce to the suspect is possible (§ 95a StPO).

Directive regarding the European Investigation Order (EIO) in criminal matters in relation to Member Statesd (EU Directive 2014/41/EU from 3rd April 2014). 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. European Electronic Communications Code (EECC)

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 waiver 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.

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