Fiches Belges

Controlled delivery is a form of observation that consists of allowing the illegal transportation of goods or persons, known to the police authorities, to continue under constant police surveillance, without the police officials transporting and delivering themselves or without providing support, and where police intervention is deferred until the final destination is reached. Alternative measures: Assisted monitored delivery: observation without intervention; Assisted controlled delivery: infiltration without intervention. If there is no intervention at least on the final destination the delivery is forbidden for persons (victims) and only possible for goods after the special authorisation of the federal prosecutor.

Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (Article 12), and its Protocol of 16th October 2001; United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on 20th December 1988 (Article 11).

* 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 request must be sent to the federal prosecutor’s office - section of international cooperation. Possible competent public prosecutors depending on the concrete case: The public prosecutor of the location from which the consignment originated and the public prosecutor of the planned location of intervention. If there is a difference of opinion between these two prosecutors, the intervention of the federal prosecutor is called upon. If the starting point of the controlled delivery is in a foreign state, the public prosecutor of the location at which the delivery enters Belgian territory, if this location is known. If the location of entry into the territory is not known at the time of request from the foreign authorities, the federal prosecutor decides whether or not to grant authorization. If a seizure is necessary and the destination location is unknown in the territory, the federal prosecutor is competent. Similarly, if the seizure of goods has to be postponed in order to carry out a controlled delivery originating from Belgium or in transit within Belgian territory, the federal prosecutor is competent to authorize the suspension of the seizure.

Dutch, French and German. 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 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

The public prosecutor of the place location of intervention is the prosecutor in charge of the case. He or she decides how the operation will progress. As far as possible, the public prosecutors of the locations through which the delivery will pass are informed of the operation. During the operation, the criminal investigation department officer in charge of the case may, at any time, decide to proceed with the seizure of the goods if there is a serious risk of losing track of the goods. The controlled delivery of persons is prohibited in principle but can be carried out in exceptional cases under certain conditions: the police departments must, at all times, have a clear insight into the circumstances and conditions under which the transport is carried out and must monitor the actual situation; intervention must take place at the end destination; there must be sufficient guarantees with regard to the physical integrity (security) of the persons being transported; execution of the measure falls within the competence of special police units; the prior agreement of the federal prosecutor is required.