Fiches Belges

Seizure constitutes a precautionary measure generally involving the dispossession of property from its owner or holder to contribute towards exposing the truth or, where appropriate, subsequently enabling the measure of confiscation to be taken (Articles 35, 35bis & 35ter of the Code of Criminal Procedure). The assets must constitute the direct or indirect product of the offence (the product/proceeds), or they must have been used or intended to be used to commit the offence (the instrument and object of the offence), and the seizure can also be carried out concerning any assets of which the value corresponds to the proceeds of the crime. Freezing within the framework of mutual recognition is provided for by the law of 5 august 2006 (amended by the law of 26 November 2011, the law of 19 March 2012 and the law of 28 November 2021) on the application of the principle of mutual recognition of judicial decisions in criminal matters between the member states of the European Union.

Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; The European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 (and its two additional protocols of 17 March 1978 and 8 November 2001; The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000; The Convention of the Council of Europe, known as the Strasbourg Convention, of 8 November 1990 on the laundering, search, seizure and confiscation of the proceeds of crime; The United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances, known as the Vienna Convention, of 20 December 1988; The United Nations Convention against Transnational Organised Crime, known as the Palermo Convention, of 15 November 2000; The United Nations Convention against Corruption, known as the Merida Convention of 31 October 2003

* receive the request/decision for judicial cooperation Mutual recognition and MLA request: the order or the letter rogatory should be transmitted to the public prosecutor of the district where the (majority of) items of property are located. If the location is unknown, the request should be addressed to the federal prosecutor’s office. * execute/recognise the measure (if other than the receiving authority) Freezing order: the investigating judge takes a decision without delay or in case of emergency within 48 hours.

Freezing order: the certificate should be drawn up in or translated into Dutch, French, German and English. MLA request: the letter rogatory should be drawn up in or translated into Dutch, French and German. Important remarks: Before the execution, the letter of 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.

Freezing order: the investigating judge makes a decision takes a decision without delay or in case of emergency within 48 hours

The Central Office for Seizure and Confiscation (OCSC www.confiscaid.be), established in accordance with the law of 26 March 2003, is concerned with the index-linked management of goods seized (confiscation or alienation). This office also aims to facilitate international cooperation with regard to seizure and confiscation.