Fiches Belges

Under Article 47octies, §1 of the Code of Criminal Investigation Code, Infiltration is the act, by a police official, known as an undercover agent, of maintaining long-standing relationships with one or several persons with regard to whom there are serious indications that they are committing or are going to commit - within the framework of a criminal organisation, as defined in Article 324bis of the Criminal Code - -offences referred to in Article 90ter, §§2 to 4 of the CIC. This article includes the following offences : - attempt on or conspiracy against the King, the royal family or the government; - serious violations of international humanitarian law; - terrorism; - computer -related crime; - corruption; - interception and recording of private (tele-)communications; - offences concerning the secrecy of private (tele-)communications; - serious threats; - hostage taking; - illicit sexual acts or abuse; - murder; - kidnapping of minors; - trafficking in human beings; - serious forms of theft; - robbery with murder; - offences concerning nuclear material; - counterfeiting or falsification; - certain forms of arson and explosion; - illicit trade in narcotic drugs; - abuse of telecommunication; - illicit trafficking in weapons; - smuggling of human beings; - illicit trafficking in hormonal substances. The attempt to commit the above-mentioned offences may also justify a measure.

1959 Convention on Mutual Assistance in Criminal Matters. Directive 2014/41/EU on the European Investigation Order in criminal matters (Article 3; Article 29). Articles 3 and 29).

* 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) The investigating judge can authorise the measure within the framework of the judicial inquiry and the public prosecutor within the framework of the criminal investigation . Nevertheless, the public prosecutor is responsible for the execution of the authorisation granted by the investigating judge (Article 47octies, §§2 and 7 of the CIC).

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 letter of 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

a. Special requirements Content of the international letters rogatory: at least Article 14 of the 1959 Convention. Duration limited by law to a maximum of three months; prolongation possible on three months’ basis as long as necessary. Outcome of the measure to be put down in a written confidential report (Article 47octies, §3, 5° and §6 ; Article 47novies, §2 of the CIC).). b. Other useful information The public prosecutor leads the operation. If justified, all measures must be taken in order to protect the anonymity and the mental and physical integrity of the undercover agent (Article 47octies, §2 of the CIC).