Fiches Belges

Yes. Installing a technical device in public places, vehicles, professional premises and private homes without the person’s consent lasting over a period of one month for the purpose of real-time audio recording, video recording or electronic data capture. Such investigative measures apply under Luxembourg law with regards to criminal offences punishable under Luxembourg law by imprisonment of at least 5 years, as well as for a limited list of other serious offences for which the law provides less severe penalties, notably in the field of procuring, drug trafficking, money laundering and violation of restrictive measures. . Alternative measure: Surveillance and tracking of a person (A.55), Interception of telecommunications and other forms of electronic communications (A50).

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.

Measure taken by the investigating judge, under the conditions set forth under article 88-1 ff. of the Code of Criminal Procedure. Under the EIO Directive: The EIO shall be addressed to the General State Prosecutor. Transmission of 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 : The conduct for which the EIO is issued constitutes one of the offences listed above - Luxembourg authorities comply with the formalities and procedures expressly indicated by the issuing authority unless such formalities and procedures are not contrary to the fundamental principles of Luxembourg Law. 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 Luxemburg Law. Under MLA instruments: 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 observation order or warrant has been issued in connection with a criminal investigation; precise information for the purpose of identifying the subject or object of the observation ; an indication of the criminal conduct under investigation; the desired duration of the observation; and where applicable, the provision of sufficient technical data to ensure that the request can be met. 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. Irrespective the statutory basis, duration limited to one month; prolongation possible on a monthly basis as long as necessary, maximum length of one year. Outcome of the measure to be put down in a written report.