Fiches Belges

This measure concerns joint investigation teams incorporating foreign officers which are formed to carry out criminal investigations under the conditions provided for by the applicable instruments of international law. (Article 8 of the law of December 2004 on international mutual legal assistance in criminal matters).

Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (Article 13), and its Protocol of 16th October 2001; Council Framework Decision of 13th June 2002 on joint investigation teams.

* receive the request/decision for judicial cooperation The letter of request has to be sent to the local public prosecutor's office of the geographical area where the Belgian investigation linked to the investigation in the requesting state is ongoing. If this area is not known, the letter of request has to be sent to the federal prosecutor's office - section of international cooperation. * execute/recognise the measure (if other than the receiving authority) The public prosecutor, or the investigating judge if he is in charge of the investigation linked to the investigation in the requesting state, will examine the request and decide on the setting up of the requested JIT. Before the signing of the JIT, the prosecutor or the investigating judge needs the authorization of the federal prosecutor. Therefore, it is useful to inform the federal prosecutor's office from the beginning of the request (Ex.: sending a copy of the request to set up a JIT).

The draft on the setting up of a JIT should be drawn up in or translated into Dutch, French, German and English.

N/A

a. Special requirements A request to form a joint investigation team should include the following details: 1. the authority making the request; 2. the purpose of and the reason for the request; 3. where appropriate, the identity and nationality of the person or persons in question; 4. proposals relating to the composition of the team; 5. a summarised statement of the facts; 6. where appropriate, the charge. b. Other useful information Before the signing of the JIT, the prosecutor or the investigating judge need the authorization of the federal prosecutor. Therefore, it is useful to inform the federal prosecutor's office from the beginning of the request (ex: sending a copy of the request to set up a JIT). For further information, please consult the “fiches espagnoles” for Belgium, which are to be found on the restricted area of the JIT secretariat (request for accessaccess to be made to national JIT expert).