Fiches Belges

Bank accounts can be immediately frozen from the moment the bank or financial institution is informed of the request to supply information on bank accounts and bank transactions for a maximum of five working days after the bank or financial institution has given this information (Article 46quater §2, b of the Code of Criminal Procedure). The measure can only be ordered if it is justified by serious and exceptional circumstances and may only be ordered for a limited number of serious 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 - 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.

Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

* 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. * execute/recognise the measure (if other than the receiving authority) The investigative judge.

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 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

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