Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

This measure involves the restitution to the owner of a moveable property that has been removed or seized to his or her detriment; this restitution can take place as a matter of course without requiring an express request from the owner of the removed items. In the broadest sense, it involves all measures that are aimed at restoring the status of the item as it was prior to the offence and removing its criminal status.

Legal Framework

International legal framework applicable for this measure in your Member State

Art. 12 of the second protocol to the European Convention of 1959

Competent Authority

* receive the request/decision for judicial cooperation

* receive the request/decision for judicial cooperation The letter of request must be sent to the local public prosecutor’s office of the geographical area where the investigating measure must be executed. IfIf this area is not known, the letter of request must be sent to the federal prosecutor’s office - section of international cooperation.

Accepted languages

Accepted languages for the request/decision

Dutch, French, German and English. Important remarks: Before the execution, the request will be translated by the Belgian prosecutor if the language is not the language of the judicial area where the request must be executed. It is recommended, when possible, to obtain, prior to sending the request, information about the use of the correct language.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

N/A

Concise legal practical information

Special requirements

N/A

Last reviewed on 12 October 2023 by EJN Secretariat

NEXT MEASURE

  • Assets - Freezing, Confiscation and Restitution (E.1 – E.4)
  • E.4 Confiscation
next

Export this Judicial Cooperation Measure

File format