Fiches Belges

For witnesses : The measure refers to summoning witnesses to ensure that the witness will appear. However, it is to be mentioned that the police/the public prosecutor may invite a witness to appear. For suspects or accused persons: This measure concerns the summoning of suspects or accused persons during the preliminary phases of the criminal procedure.

For witnesses: 1959 Convention on Mutual Assistance in Criminal Matters; Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (Articles 3). Article 3 of the EIO replace Article 5 of the Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union. However, it is possible there are different interpretations amongst Member States of the applicability of EIO for this measure. We include it here for the purpose of the Compendium. For suspects or accused persons: Article 5 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th October 2001 remain applicable; Benelux Treaty on Extradition and Mutual Legal Assistance in Criminal Matters of 27 June 1962, and its Protocol of 11 May 1974; European Convention on mutual assistance in criminal matters of 20th April 1959 and its additional Protocol of 17th March 1978

* receive the request/decision for judicial cooperation For witnesses: 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. For suspects or accused persons: 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) For witnesses: The public prosecutor of the place of the residence of the witness For suspects or accused persons: The public prosecutor of the place of residence or detention of the suspect.

EIO: 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.

The deadlines as foreseen in the EIO Directive are applicable. There is no specific deadline foreseen by Belgian law for the execution of letters of request. If the requested deadline cannot be respected, the requesting state will be informed accordingly.

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