Fiches Belges

Written documentation of the statements in evidence of a suspect or an accused person, or a person concerning facts that he has knowledge about. Documentation made either by the Police, by the investigating magistrate or in Court. In the two latter cases, the witness deposes under oath. Scope: all types of criminal offences. Alternative measures: Hearing by videoconference (A.12) or telephone conference (A.13).

Statutory basis: - 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, approved by statute of 27th October 2010 - Benelux Treaty on Extradition and Mutual Legal Assistance in Criminal Matters of 27th June 1962, and its Protocol of 11th 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 27th August 1997

The Prosecutor who, depending on the formality required, will have the measure executed by the Police (hearing without oath) or will seize the investigating magistrate (hearing of a suspect according to article 81 ff. of the Code of Criminal Procedure; hearing of a witness under oath according to article 69 ff. of the Code of Criminal Procedure).

Translation of the letters rogatory and attached documents into French or German; English commonly accepted.

N/A

To be requested by international letters rogatory. Contents: - an indication of the authority making the request; - the object of and the reason for the request; - time and place of perpetration of the offence, and a summary of the facts; - where possible, the identity and the nationality of the person concerned; - the identification and address of the suspect, accused person or witness to be heard; - an indication of the criminal conduct under investigation, including the statutory basis and the sanctions attached thereto; - any specific procedure requested by the requesting party, in particular whether the witness is to be heard under oath or not, and whether he is to be informed about any rights in application of the procedure of the requesting State. In case of the hearing of a suspect by the investigating magistrate, obligation to inform of the right to legal counsel in application of article 81 of the Code of Criminal Procedure; appointment of a counsel is mandatory for suspects an accused persons under eighteen years of age. Plaintiffs or victims may assist to the hearing. In principle, at the hearing of a witness, the accused or the victim are not present. Witnesses must present themselves; unwilling witnesses may be compelled to appear by warrant. Audio or video recordings are possible if the witness consents. Audio or video recordings are compulsory in certain cases for the hearing of minors of age who must, in principle, be accompanied by an adult. Hearings are formalised in a report. 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.