Fiches Belges

Infiltration by under cover agents (UCA) of the requested State is permitted in cases of serious crime connected to drugs and weapons trafficking or terrorism or if the offence was committed commercially or habitually or by an organized crime group (Art. 110 a Strafprozessordnung –Procedural Law – with the implementing provisions RiStBV Anlage D). Infiltration by an informer of the requested State is permitted in cases of organized or serious crime connected to drugs and weapons trafficking, terrorism or counterfeiting of money (RiStBV Anlage D). Infiltration by an informer of another member state is not regulated. case-by-case decision is necessary. Infiltration by under cover agents (UCA) of the requesting State in the territory of the requested State is permitted under the rules and under control of the requested State in cases of serious crime connected to drugs and weapons trafficking or terrorism or if the offence was committed commercially or habitually or by an organized crime group (Art. 110 a Strafprozessordnung –Procedural Law – with the implementing provisions RiStBV Anlage D).

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.

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.

A court order for the under cover operation is necessary if measures are directed against a specific person or if the UCA has to enter the living area of a person. In other cases of UCA actions or infiltration by an informant (private person) is the permission of the public prosecutor sufficient. The public prosecutor has also to decide about the assurance/guarantee of confidentiality regarding the identity of the UCA. But prosecutor and court are allowed to ask for the identity of the UCA/ informant. UCAs/ informants are not allowed to commit crimes themselves. It seems to be useful to coordinate the manner of statement in court (video conference, optical and/or acoustic alienation, etc. ) already before the covered operation. The identity of the UCA can be kept secret even after the termination of operation, if there is danger to life, health, freedom or future operations of the UCA. For reasons of proportionality, it is appropriate to limit the period of operation and to extend it if necessary.