Fiches Belges

Yes

Council framework decision 2009/829/JHA on the application between member states of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

* receive the request/decision for judicial cooperation Public prosecutor’s office of the place where the person concerned is lawfully and ordinarily residing or, failing that, of the place where they wish to reside. The Minister for Justice is the authority competent for consenting to the forwarding of a decision on supervision measures in cases in which the person concerned is not lawfully and ordinarily residing in Belgium, in accordance with Article 9(2) of the Framework Decision.

Certificates addressed to the Belgian public prosecutor’s office must be written in or translated into French, Dutch, German or English.

Where the competent authority of the issuing Member State has issued a European arrest warrant or any other enforceable judicial decision having the same effect, the surrender procedure will be carried out in accordance with the Law of 19 December 2003 on the European arrest warrant. In that regard, in accordance with Article 21(3), Belgium maintains the requirement of the 12-month maximum limit as provided for in Article 2(1) of the Law of 19 December 2003 on the European arrest warrant.

N/A