Fiches Belges

Yes. Confrontation: Investigative measure consisting in putting two or more persons face to face with the aim of comparing their statements. Witnesses may either be confronted with one another, or the parties with each other, or the parties with the witnesses. Alternative measure: none.

Among Member States having implemented the EIO Directive: Art. 3 Directive 2014/41/EU (implemented by the Law of 1st August 2018). Among Member States not having implemented the EIO Directive: 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. Statutory basis under other multilateral treaties: 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

The investigating magistrate, according to article 82 of the Code of Criminal Procedure

EIO written or translated into French, German or English / Translation of the letters rogatory and attached documents into French or German; English commonly accepted.

As a general rule, decision on the recognition or execution of the EIO within 30 days of receipts. Decision of the Pre-Trial Chamber of the competent District Court within 20 days following the action taken by the Public Prosecutor (without prejudice of any possible appeal)

Under the EIO Directive : - Besides the grounds of non-recognition/execution provided under art. 11 Directive 2014/41/EU, recognition and execution might be refused where the measure would be contrary to the fundamental principles of Luxemburg Law. Under the MLA Convention: 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 offense, and a summary of the facts; - where possible, the identity and the nationality of the person concerned; - the identification and address of the persons to be confronted ; - 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 with respect to any rights that the confronted persons have in application of the procedure of the requesting State. Confrontations are formalized 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." Assistance or participation of agents of the requesting State in the execution of the measure: Possible as a matter of principle, to be assessed on a case by case basis."