Fiches Belges

Art. 100 g Strafprozessordnung (Procedural Law) The seizure and analysis of telecommunication data in the past and in the future for a period up to three months 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 Art. 100 g sec. 2 StPO as well as in cases when an offence has been committed by means of telecommunication. Geo positioning data could only recieved in cases of severe criminal offences listed in § 100g 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). Directive of 11th of December 2018 (EECC, EU Directive 2018/1972/EU). 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.

The public prosecutor’s office with competences for the court district in which the act of judicial assistance is to be executed.

In the respective language with a German translation (required), unless a bilateral waiver 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.

due to the missing of a legal framework for data retention all requests for tracking of data are urgeny cases. For the past only data could recieved not older than up to 7 days usually. a. Special requirements When using an EIO: no special requirements are needed. Otherwise: - There are two options: either the requesting authority states in the request the details of the order to seize communication data and that it has been issued OR the court order is enclosed to the request. b. Other useful information The seizure of telecommunication data may only be ordered for a period up to three months with the possibility of extention. The extention shall be subject to a new request. All data shall be deleted or destroyed after finishing the proceedings. The seizure of data from people who are entitled to refuse statements on legal basis is not allowed. It should be noted that the German prosecutor is oblieged to inform the affected persons about the measure as soon as it is termined when the purpose of the investigation, public safety and the life and limb of any person are not endangered and that at the end of a period to be determined, it is assumed that notification may be given if facts that speak against are not communicated before the expiry of that period