Fiches Belges

Yes. Formal invitation given to a person to present himself in order to state in evidence on facts that he has knowledge about. Testimonies may be given to the Police, to the investigating magistrate or in Court. In the two latter cases, the witness deposes under oath. Scope: all types of criminal offences. No alternative measures.

Statutory basis: - Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th octobre 2001, approved by statute of 27th October 2010 - 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, approved by statute of 21st July 1976, and its additional Protocol of 17th March 1978, approved by statute of 27 August 1997

Depending on the stage of the proceedings: the Prosecutor or the examining magistrate.

French, German, English generally accepted.

N/A

Principle: summons made by postal letter. Possibility of summons via the Prosecution Service / the Police in the following cases: (a) the address of the person for whom the document is intended is unknown or uncertain; or (b) the relevant procedural law of the requesting Member State requires proof of service of the document on the addressee, other than proof that can be obtained by post; or (c) it has not been possible to serve the document by post; or (d) the requesting Member State has justified reasons for considering that dispatch by post will be ineffective or is inappropriate. A note to the addressee indicating his rights and obligations under the law of the requesting party must be joined. The important parts of the documents to be notified are to be translated into French or German (official languages), or a language understood by the addressee. Execution of the measure in conformity with the procedure applicable in the requesting State : possible as a matter of principle; to be assessed on a case by case basis. Relevant formalities to be expressly indicated.