Fiches Belges

Yes. Measure enabling the agents of a neighbour State who are pursuing a person that has been caught in flagrante delicto committed in such State, to continue the pursuit on Luxembourgish territory without prior authorisation. Scope: criminal offences exhaustively listed in article 41 of the Convention implementing the Schengen Agreement of 14th June 1985. No alternative measures.

his action is not considered as mutual legal assistance in the strict sense of the term, given that it occurs spontaneously. Statutory basis: - Convention implementing the Schengen Agreement of 14th June 1985 on the gradual abolition of checks at common borders (art. 41), as approved by statute of 3rd July 1992, and its Protocol of 24th June 1997, approved by statute of 8th April 1999, and amended and completed by Council Decision 2003/725/JHA of 2nd October 2003; - Treaty between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg concerning cross-border police intervention (art. 18), approved by statute of 21st December 2004; - Convention drawn up, on the basis of Article K3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations, done at Brussels on 18th December 1977 (art. 20), approved by statute of 6th July 2001.

The authority designated by Schengen Application Convention is the general prosecutor. In practice, decision-making powers have been delegated to the prosecutors.

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Authorisation of the Luxembourg authorities required to cross the Luxembourg borders. Contents: - an indication of the authority making the request; - a summary of the facts; - information for the purpose of identifying the target of the pursuit; - an indication of the criminal conduct under investigation; - the duration and period of the pursuit ; - the indication of any technical means that are used, e.g. a GPS tracking device; - the contact data of an agent in charge of the operations. Written report on the course of the pursuit. Measure to be executed in accordance with the provisions of article 41, paragraph 5. of the Convention implementing the Schengen Agreement of 14th June 1985. 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. Assistance or participation of agents of the requesting State in the execution of the measure: Yes.