Fiches Belges

Yes. Technical measure that consists in secret, real time listening to telecommunications, in preserving them so that they can be listened to again and / or exactly writing down their contents. In practice, includes phone tapping and interception of emails. Exceptional measure to be duly motivated, limited in duration unless prolonged. Scope limited to criminal offences punishable by imprisonment of at least two years. Alternative measure: Interception of telecommunication without the technical assistance of another Member state (A.51).

Among Member States having implemented the EIO: Art. 30 Directive 2014/41/EU (implemented by the Law of 1st August 2018). Among Member States not having implemented the EIO Directive: 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. Other statutory basis: European Convention on mutual assistance in criminal matters of 20th April 1959, approved by statute of 21st July 1976.

As a matter of principle: the Investigating Judge, under the conditions set forth under article 88-1 to 88-4 of the Code of Criminal Procedure. Under the EIO Directive: The EIO shall be addressed to the General State Prosecutor. Transmission of the report authorized by a decision of the pre-trial chamber of the competent District Court.

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 : the EIO shall indicate the information for the purpose of identifying the subject of the interception, the desired duration of the interception, sufficient technical data, in particular the target identifier, to ensure that the EIO can be executed and the reasons why it considers the indicated investigative measure relevant for the purpose of the criminal proceedings concerned. Luxembourg authorities may make their consent subject to any conditions which would be observed in a similar domestic case. 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 Luxembourg Law. The EIO may be executed by transmitting telecommunications immediately to the issuing State or intercepting, recording and subsequently transmitting the outcome of interception of telecommunications to the issuing State. Under MLA instruments, to be requested by international letters rogatory. Contents: an indication of the authority making the request; a summary of the facts; confirmation that a lawful interception order or warrant has been issued in connection with a criminal investigation; information for the purpose of identifying the subject of the interception; an indication of the criminal conduct under investigation; the desired duration of the interception; and if possible, the provision of sufficient technical data, in particular the relevant network connection number and / or IMEI number, to ensure that the request can be met. 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. Irrespective of the statutory basis, duration limited to one month by law; prolongation possible on a monthly basis as long as necessary, however no longer than one year. Transcription of the relevant communications under authority of the investigating judge.