Fiches Belges

Yes. Giving and receiving in return, without a request to that effect, knowledge relating to criminal offences and the infringements of rules of law, the punishment or handling of which falls within the competence of the receiving authority at the time the knowledge is provided. Scope: depending on the underlying international conventions. Alternative measures: Laying of information in connection with proceedings (Transfer of proceedings), i.e. a formal request to foreign authorities to institute proceedings against an individual, within the meaning of Article 21 of the European Convention on Mutual Assistance in Criminal Matters of 20th April 1959 and Article 42 of the BeNeLux Treaty of 27th June 1962.

Statutory basis: - Article 46 of the Convention Implementing the Schengen Agreement of 14 June 1985, ratified by a law of 3rd July 1992; - Article 10 of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime done at Strasbourg on 8 November 1990, ratified by a law of 14 June 2001; - Article 7 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union, ratified by a law of 27 October 2010; - Article 37 of the Cooperation agreement of 26 October 2004 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, ratified by a law of 18 December 2008.

Depending on the stage of the proceedings: the prosecutor, the examining magistrate or the general prosecutor.

N/A

N/A

Possibility for the providing authority to impose conditions on the use of the information exchanged.