Fiches Belges

The surveillance of telecommunication (§ 100a StPO, procedural law) without German technical assistance is admissible in cases of serious crimes like high treason, murder and homicide as well as offences against personal liberty, offences related to organized crimes, terrorism and others, which are listed under § 100a sec. 2 StPO.

Directive regarding the European Investigation Order (EIO) in criminal matters in relation to Member Statesd (EU Directive 2014/41/EU from 3rd April 2014) incl. Annex C. For countries having not implemented the mentioned Directive: Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (29th May 2000); Convention implementing the Schengen Agreement.

For the interception of telecommunication without technical assistance, the responsibilities in the Federal Republic of Germany are distributed as follows: - competent authority for requests from the French Republic, the Kingdom of Spain and the Portuguese Republic is the Amtsgericht Stuttgart, - competent authority for requests from the Italian Republic, the Republic of Croatia, the Republic of Malta, the Republic of Austria and the Republic of Slovenia is the Amtsgericht Munic, - competent authority for requests from the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania is the Amtsgericht Tiergarten in Berlin, - competent authority for requests from Republic of Poland the Amtsgericht Potsdam, - competent authority for requests from Ireland is the Amtsgericht Bremen, - competent authority for requests from the Kingdom of Sweden is the Amtsgericht Hamburg, - competent authority for requests from the Republic of Bulgaria and Romania is the Amtsgericht Wiesbaden, - competent authority for requests from the Republic of Finland is the Amtsgericht Schwerin, - competent authority for requests from the United Kingdom and Northern Ireland is the Amtsgericht Hannover, - competent authority for requests from the Kingdom of the Netherlands is the Amtsgericht Düsseldorf,- competent authority for requests from the Grand Duchy of Luxembourg is the Amtsgericht Saarbrücken, - competent authority for requests from the Slovak Republic and the Czech Republic is the Amtsgericht Dresden, - competent authority for requests from Hungaria is the Amtsgericht Magdeburg, - competent authority for requests from the Kingdom of Denmark is the Amtsgericht Kiel and - competent authority for requests from the Hellenic Republic and the Republic of Cyprus is the Amtsgericht Erfurt.

In the respective language with a German translation (required), unless a bilateral way of translation has been agreed upon.

Under the European Investigation Order: The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. For States not applying the European Investigation Order: No Deadlines.

A German court order for surveillance is necessary. According to the German procedural law all records and documents related to the phone surveillance must be destroyed when the case is finished. The affected person has to be informed.