Fiches Belges

Surveillance without the use of bugging or video equipment is generally permitted. Surveillance with the assistance of technical means (voice or image recording)/tracking of a person is admissible, when it is necessary for the investigation of a catalogue of crimes: drug trafficking, terrorism, terrorism financial support, weapons trafficking, corruption, trading in influence, money laundering, conspiracy to commit crimes, smuggling, theft and trafficking of vehicles, money counterfeiting, traffic of human beings, exploration of prostitution, embezzlement, misappropriation or other diversion of property by a public official, fraud regarding EU funding, financial crimes committed through the use of technology, transnational or international financial crimes, counterfeiting, possession, use, unlawful appropriation of cards or other non-cash payment instruments, acquisition of cards and other non-cash payment instruments through cybercrimes, software and other data damage, cyber sabotage and unauthorised computed access, if this access allowed to obtain confidential information or a profit of at least 20.400 €, was executed through instruments and actions, stablished in cybercrime law.

The public prosecutor can authorize Surveillance without the use of technical means. The examining judge must authorize surveillance through the use of technical means/tracking of a person, following the request of the public prosecutor. A report is drawn up by the Police and forwarded, by the Public Prosecutor with the recorded tapes or similar evidence, to the judge who ordered or authorized the operation. The judge shall order that they be added to the file if he/she deems them to be significant as evidence.

No threshold for the surveillance without the use of bugging or video equipment is generally permitted. The examining judge may authorise surveillance with the assistance of technical means (voice or image recording)/tracking of a person, for a maximum of three months, renewal under the same limits and requirements.

Domestic legal regime: articles 262º and 179º of the Criminal Procedural Code and article 6º Law 5/2002