Fiches Belges

Interceptions of communications via a direct listening device i.e. hardware (‘bugging’) (including in a car or a private residence) Crimes for which it is allowed: Suspicion of a crime as described in Section 67 (1) CCP (serious crimes) Conditions: 1. The crime (which falls under one of the aforementioned categories) must, given its nature or its connection with other crimes committed by the suspect, constitute a serious intrusion of society. 2. The measure is urgently required in the interest of the investigation. 3. When the execution of the domestic warrant requires the entry of a private residence without the consent of the person entitled to use the premises, the offence must carry a statutory term of imprisonment of at least eight years. 4. The communication must be recorded (by means of a technical device).

Investigative powers may be applied in the execution of a European Investigation Order under the same conditions as they may be applied in a Dutch investigation into the same facts on the basis of the Dutch Code on Criminal Procedure. Requirements of proportionality as well as an assessment of the investigative interest are not taken into account, according to Section 5.4.7. paragraph 1 of the Dutch CCP. These conditions are, according to Section 126l CCP:

Ordinary cases: public prosecutor, following prior written authorization granted by the examining magistrate. If it includes the entry of a private residence, this shall be explicitly stated in the warrant. Urgent cases: public prosecutor following prior verbal authorization by the examining magistrate (except if the entry of a private residence applies). The examining magistrate will confirm in writing within three days.

English or Dutch

Maximum 4 weeks. Possible extension for a period of maximum 4 weeks each time. It is not possible to request permission afterwards for the use of already recorded communication. Prior authorization is required.

Observation in a private residence through a camera is not possible in the Netherlands.