Fiches Belges

a short term surveillance is possible against suspects and contact persons as an low-treshold measure (§ 161 StPO, procedural law). a long-term surveillance (duration longer than 24hrs or to more than 2 days) is possible if other investigation measures not promising success (§ 163 f StPO). Only Offences of major importance (serious crime) justify the planned observation of a suspected person including the use of technical measures like GPS, cameras etc.(Art. 100 h) for a period up to three months. The observation of other persons is permitted if it can be assumed that they are connected with the suspected person. The term of limitation can be extended. Tracking by technical instruments (§ 100h StPO) f.e. GPS-Tracker or IMSI-Catcher (§ 100i StPO) is possible in both cases

Directive regarding the European Investigation Order (EIO) in criminal matters in relation to Member Statesd (EU Directive 2014/41/EU from 3rd April 2014). 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.

for a long term surveillance and the use of an IMSI-catcher a court decision is necessary. use of an IMSI-catcher is limited to severe criminal offences (listed in § 100a sec. 2 StPO)