Fiches Belges

According to German law controlled deliveries are a special kind of cross-border observation. According to German law controlled transit is the illegal transport of drugs, weapons, stolen property or goods and similar from abroad via Germany to a third country under surveillance. Controlled export is the illegal transport from Germany to foreign countries under surveillance. Controlled import is the illegal transport from foreign countries to Germany under surveillance. In addition to the requirements of cross-border surveillange (see measure A 70), controlled deliveries are premissable, if - the identities of the persons pulling the strings or the ways of distribution cannot be established by other means, - surveillance guarantees access to the perpetrator and the delivered good at any time, - the states involved consent to controlled import or transit - the foreign state guarantees to control the delivery constantly, to investigate the courier, the persons pulling the strings and customers, to confiscate the delivered goods and to keep the German prosecution service informed constantly.

Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (art. 12); Second additional Protocol to the European Convention on mutual assistance in Criminal Matters of 20th April 2001 (art. 18); United Nations Convention of 20th December 1988 against Illicit Traffic in Narcotic and Psychotropic Substances (art. 11); Convention implementing the Schengen Agreement of 19th June 1990, as amended and completed by Council Decision 2003/725/JHA of 2nd October 2003 (art. 73). See also Cross-border surveillance (A 70).

In case of controlled export: The public prosecutor´s office in whose district the transport begins. In case of controlled transit or import: The public prosecutor´s office in whose district the supposed border crossing is located, unless investigation proceedings in respect of the offence are already pending at another German public prosecution office.

In the respective language with a German translation (required), unless a bilateral waiver of translation has been agreed upon.

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