a. Special requirements
Content of the request: at least Articles 5 and 30 of the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters.
1. The investigating judge has the obligation to motivate his order to proceed to the interception of telecommunication (proportionality check). It is required that the request contains sufficient information about the investigation in order to make the investigating judge able to motivate his order.
2. The duration of the interception is limited to one month by law; prolongation is possible on a monthly basis as long as necessary, however no longer than 6 months. It is required that the request mentions the exact date of start of the interception. In order to prolong the interception, it is necessary to send an additional request in due time with all relevant information.
Execution of the measure in conformity with the procedure applicable in the requesting state: the entire intercepted communication is recorded on electronic support and a police report containing the relevant communication, under control of the investigating judge, are deposited in a sealed envelope at the clerk office of the competent court. The communications gathered as a result of the measures taken in accordance with Articles 90ter, 90ter,quater and quinquies of the CIC are recorded. The aim of the measure as well as the dates and times at which it was carried out are recorded at the start and at the end of each recording to which it relates. Except for the unabridged transcription of the recording, all notes taken in the context of the performance of the measures referred to in the previous paragraph by persons appointed for this purpose that are not recorded in a transcript, are destroyed.
b. Other useful information
It is possible, if technically possible, to request the immediate transmission of the intercepted communication directly to the requesting authority. This must be requested specifically.
Communications or telecommunications covered by professional confidentiality (e.g., lawyers or medical doctors) are not recorded in the transcript. If the measure concerns communications covered by professional confidentiality, a special procedure applies (article 90octies, §Article 90octies, §2, of the CIC).
The measure may also be ordered for persons other than the suspect, who have a close contact with the suspect (Article 90ter, §1, of the CIC).