Fiches Belges

- Summonings will be practically executed in writing (letter not postcard), fax, telegramm, orally or telephone. - Witnesses are obliged to appear and to testify. In some special cases set out in the law the witnesses have the right to deny to testify. - The suspect /person accused has to be summoned in writing, thus by letter or fax. Summoning of suspects and accused persons shall contain the relevant facts of the case. Furthermore information should be provided under which conditions legal advice can be taken or has to be provided. Summonings of suspects and accused persons shall not contain the threat of coercive measures. The summoning has to be provided in a language the person concerned can understand if there are indications that he does not understand the language of the issuing state. For Member States for which the 2000 MLA Convention applies: If the summoning is sent via the public prosecution office, it has to be set out which of the cases of Article 5 par.2 of the 2000 MLA Convention applies. A request for the service of the summons on an accused person should be received by the German authorities, at the latest one month before the date set for the appearance of the accused person. If it is received later, the execution can be denied (German Declaration to the MLA Convention 1959). - Minors/infants (under 14 years) are summoned via legal representatives. Juvenile witnesses (under 18 years) can be summoned personally.

Directive regarding the European Investigation Order in criminal matters in relation to Member States which have implemented the Directive For the Member States which have not implemented the afore mentioned Directive: European Convention on mutual assistance in criminal matters of 20th April 1959 (art. 3 ff.) and its additional Protocol of 17th March 1978, approved by statute of 27th August 1997 ; Convention implementing the Schengen Agreement of 19th June 1990, as far as it is still applicable between the states concerned. Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th October 2001, as far as it has already been ratified by the states concerned.

Public Prosecutor´s Office

For Member States which have implemented the European Investigation Order: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language. For Member States which have not (yet) implemented the European Investigation Order: Where the request for mutual assistance and the annexed documents are not in the German language they must be accompanied by translations of the request, and the supporting documents into the German language, unless it has been agreed differently in a bilateral agreement.

Under the European Investigation Order: The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. For States not applying the European Investigation Order: No Deadlines.

The assistance of participation of agents of the requesting State in the execution of the measaure is possible and permissible. The prior consent is necessary from the competent requested authority.