Fiches Belges

In the event of a seizure to secure private law claims, the public prosecutor shall order the return of the object to the victim, if a seizure is not required for reasons of evidence, and the seizure does not interfere with the rights of third parties. Furthermore, the aggrieved person (victim) is entitled to join criminal proceedings with his/her claim for compensation of damage or restitution of any unjust enrichment acquired by the accused person at his/her expense. The aggrieved party must submit his/her motion to join the proceedings with his/her claim, at the latest before the end of the evidence-taking process.

Directive regarding the European Investigation Order in criminal matters in relation to Member States; otherwise: European Convention on Mutual Assistance in Criminal Matters (20.04.1959); Convention implementing the Schengen Agreement; Convention on Mutual Legal Assistance between Member States of the European Union (29.05.2000)

The public prosecutor’s office with competences for the court district in which the act of judicial assistance is to be performed. The practical execution of the measures is performed by the public prosecutor in the event of a seizure. If items have already been confiscated, it's the court's duty to restitute.

German, English, French and - in case of reciprocity, if the requesting state would accept a request in German - also the language of the requesting state.

None (requests in urgent cases shall be marked as urgent).

-