Fiches Belges

electronic evidence: all kind of data incuring by the use of digital devices. data categories: content data, traffic data, subscriber data. production order § 94 StPO is possible against suspect an thrid parties in all kind of criminal offences with notice to the suspect. Against thrid parties (f.e. providers) a delay of the notice to the suspect for 6 months by court order ist possible, if the ongoing investigations should not be revealed to the suspect (§§ 95, 95a 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 cases of data preservation the 24/7 contact point (BKA) should be used in first place

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.

production of communication (content) data is restricted by § 100a StPO if a concealed seizing from the provider is requested. A concealed seizing of data from the suspects IT-system is only possible when severe criminal offences taken place, listed in § 100b StPO and a special court decision is needed in such cases. In terms of the non-communicational use of digital media instead of traffic data the incuring meta data are also obtainable (§ 100k StPO) by request to providers there is no legal framework for data retention. obtainable are only data, that are used or stored by suspects, third persons oder providers for own use