Fiches Belges

Yes. Systematic surveillance of suspect persons by police agents acting under covert or false identity and pretending to act as coauthors or accomplices of criminal offences. Exceptional measure to be duly motivated, limited in duration unless prolonged. Scope limited to criminal offences punishable by a prison sentence of at least two years.

Among Member States having implemented the EIO: Art. 29 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.

The prosecutor or the examining magistrate, under the conditions set forth by articles 48-17 ff. of the Code of Criminal Procedure.

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.

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 execution of the covert investigation would not be authorised in a similar domestic case or if it was not possible to reach an agreement on the arrangements for the covert investigations, i.e. duration, detailed conditions, legal status of the officers concerned. Under MLA instruments : To be requested by international letters rogatory. Contents: an indication of the authority making the request; a summary of the facts; an indication of the criminal conduct under investigation; the object of and the reason for the request; precise information for the purpose of identifying the criminal environment to be infiltrated ; and the desired duration of the infiltration. 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 of the statutory basis: duration limited by law to a maximum of four months; prolongation possible on four months’ basis as long as necessary. Outcome of the measure to be put down in a written report. Assistance or participation of agents of the requesting State in the execution of the measure: Possible as a matter of principle, to be assessed on a case by case basis.