Fiches Belges

Yes. Stopping and catching of mail that is then opened and read. Exceptional measure to be duly motivated, limited in duration unless prolonged. Scope limited to criminal offences punishable by imprisonment of a maximum of at least two years. No alternative measure.

Among Member States having implemented the EIO: Art. 3 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 under multilateral treaties: European Convention on mutual assistance in criminal matters of 20th April 1959, approved by statute of 21st July 1976.

As a matter of principle, measure taken by 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 documents and information collected 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: 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 and where the measure would not be authorized in similar domestic cases. Under instruments of MLA: 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 where applicable, the provision of sufficient technical data to ensure that the request can be met. Duration limited to one month by law; prolongation possible on a monthly basis as long as necessary, however no longer than one year. Relevant mailings to be copied to the file under authority of the examining magistrate. 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. In any event, duration limited to one month by law; prolongation possible on a monthly basis as long as necessary, however no longer than one year.