Law On The European Arrest Warrant

Original Language Title: Loi relative au mandat d'arrêt européen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Posted the: 2003-12-22 Numac: 2003009950 SERVICE PUBLIC FÉDÉRAL JUSTICE 19 December 2003. -Law on the European warrant ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available preliminary Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -Principles General s.
2 § 1. The arrest and surrender of persons wanted for criminal prosecution or for execution of a penalty or a measure of private security of freedom between the Belgium and other States members of the European Union are governed by this Act.
§
2. The arrest and surrender shall be on the basis of a European arrest warrant.
§
3. The European arrest warrant is a judicial decision issued by the competent judicial authority of a Member State of the European Union, called judicial authority for the arrest and surrender by the competent court of another State Member, called enforcement authority, emission of a requested person for the exercise of prosecution or for execution of a sentence or custodial security measure.
§ 4. The European arrest warrant contains the following information: 1 ° the identity and nationality of the person sought;
2 ° the name, address, telephone and fax number and e-mail of the issuing judicial authority;
3 ° the indication of the existence of an enforceable judgment, a warrant of arrest or any other enforceable judicial decision having the same force falling within the scope of this provision;
4 ° the nature and the legal qualification of the offence, particularly with regard to article 5, § 2;
5 ° the description of the circumstances in which the offence was committed, including the time and place of its commission and the degree of participation in the offence by the requested person;
6 ° the penalty imposed, if there is a final judgment, or the scale of penalties provided by law for the offence;
7 ° to the extent possible, other consequences of the offence.
The European arrest warrant is prepared in the form specified in the annex to this Act.
§
5. The European arrest warrant to the competent authority of another Member State must be translated into the official language or one of the official languages of the executing State or in one or more other official languages of the institutions of the European communities that this State accepts by virtue of a declaration made to the general Secretariat of the Council of the Union European.
§
6. Sent to the Belgian authorities European arrest warrant must be translated into Dutch, french or German.
S. 3. a European arrest warrant may be issued for acts punishable by the law of the issuing Member State by deprivation of liberty or a security measure deprivation of liberty of a maximum of at least 12 months or, where a sentence has a security measure was imposed, provided that they are of a duration of at least four months.
CHAPTER III. -Execution of a European arrest warrant from another Member Section 1st State. -Conditions of performance art. 4. the execution of a European arrest warrant is refused in the following cases: 1 ° if the offence which is the basis for the arrest warrant is covered by an amnesty law in Belgium, provided that the facts could be prosecuted in Belgium under Belgian law.
2 ° If the judge that the person sought has been finally disposed for the same acts in Belgium or in another Member State provided that, upon conviction, enforcement has suffered or is currently running or can no longer be enforced under the laws of the Member State of conviction , or when the person concerned was subject in Belgium or in another Member State of a further final decision for the same facts which preclude the further exercise of prosecution;
3 ° If the person who is the subject of the European arrest warrant may still be under the Belgian law, held criminally responsible for the facts at the origin of the European warrant because of his age;
4 ° where there is requirement of public action or punishment according to the Belgian law and the acts fall within the jurisdiction of the Belgian courts;
5 ° if there is serious reason to believe that the execution of the European arrest warrant would affect the fundamental rights of the person concerned, as they are enshrined in article 6 of the Treaty on European Union.
S.
5 1. Execution is denied if the fact which is at the base of the European arrest warrant does not constitute an offence under Belgian law.
§ 2. The preceding paragraph does not apply if the Act constitutes one of the following for all offences to be punished in the issuing State by a custodial sentence of a maximum of at least three years: 1 ° participation in a criminal organisation;
2 ° terrorism;
3 ° trafficking of human beings;
4 ° sexual exploitation of children and child pornography;
5 ° illicit traffic in narcotic drugs and psychotropic substances;
6 ° illicit traffic in arms, ammunition and explosives;
7 ° corruption;
8 ° fraud, including fraud affecting the financial interests of the European communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities;
9 ° laundering of the proceeds of crime;
10 ° counterfeiting and counterfeiting of the euro;
11 ° cybercrime;
12 ° crimes against the environment, including illicit trafficking in endangered animal species, and the smuggling of endangered plant species and species;
13 ° helps the entry and irregular stay;
14 ° voluntary homicide, assault and serious injuries;
15 ° illicit trafficking of organs and human tissue;
16 ° kidnapping, illegal restraint and hostage-taking;
17 ° racism and xenophobia;
18 ° organized or with weapon flights;
19 ° illicit trafficking in cultural goods including antiques and works of art;
20 ° scam;
21 ° racketeering and extortion, 22 ° counterfeiting and piracy of products;
23 ° forgery of administrative documents and trafficking in false;
24 ° forgery of means of payment;
25 ° illicit trafficking in hormonal substances and other growth promoters;
26 ° illicit trafficking in nuclear and radioactive materials;
27 ° trafficking in stolen vehicles;
28 ° rape;
29 ° arson;
30 ° crimes under the international criminal court jurisdiction;
31 ° hijacking of aircraft or ships;
32 ° sabotage.
§ 3. For taxes and taxes, customs and Exchange, execution of the European arrest warrant shall not be refused on the ground that Belgian law does not impose the same kind tax or taxes or does not contain the same type of legislation on taxes, customs and Exchange as the law of the issuing State.
§
4. For the purposes of paragraph 2, 14 °, the facts of abortion under article 350, paragraph 2, of the penal Code and the euthanasia facts covered by Act of 28 May 2002 on euthanasia are not regarded as covered by the notion of voluntary manslaughter.
S. 6. enforcement may be refused in the following cases: 1 ° where the person who is the subject of the European arrest warrant is being prosecuted in Belgium for the same offence as that is the basis of the European arrest warrant;
2 ° when a Belgian judicial authority decided to not engage a prosecution for the offence subject to the European arrest warrant or to terminate;
3 ° if it appears from the information available to the judge that the person concerned has been finally disposed for the same facts by a State not a member of the European Union, provided that, upon conviction, enforcement has suffered or is currently running or can no longer be enforced under the laws of the sentencing State;
4 ° If the European arrest warrant was issued for the purposes of execution of a sentence or a security measure, when the person concerned is Belgian or resident in Belgium and that the competent Belgian authorities undertake to execute the sentence or measure of safety in accordance with Belgian law;
5 ° when the European arrest warrant relates to offences which:-have been committed in whole or in part on Belgian territory or in a place treated as its territory;
-have been committed outside the territory of the issuing Member State and that Belgian law does not permit the continuation of the same offences committed outside Belgian territory.
S. 7. when the European arrest warrant was issued for the purposes of execution of a sentence or a measure of security by a decision rendered by default, and if the person concerned has not been personally cited or otherwise informed of the date and place of the hearing which led to the decision by default, delivery may be made subject to the condition that the issuing judicial authority gives assurances deemed sufficient to ensure that the person making the subject of the European arrest warrant that it will be able to request a new trial procedure in the issuing State and to be tried in his presence.
The existence of a provision in the law of the issuing State which provides for a remedy and an indication of the conditions for the exercise of this remedy from which it appears that the person can actually exercise this right should be considered sufficient insurance within the meaning of the first paragraph.
S. 8. when the person who is the subject of a European arrest warrant for the purposes of prosecution is Belgian or resident in

Belgium, small delivery be subject to the condition that the person, after having been considered, be sent back to Belgium to undergo the penalty or security measure that would be passed against him in the issuing State.
Section 2. -The enforcement procedure 1 subsection.
-Arrest art. 9 § 1. A report made in accordance with the provisions of article 95 of the Schengen Convention of 19 June 1990 the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders is worth European arrest warrant.
§ 2. Until reporting does not contain all the information required by the European arrest warrant, the reporting must be followed by transmission of the original of the European warrant referred to in articles 2 and 3 or a certified copy.
S.
10. the person sought can be stopped, on the basis of the report referred to in article 9 or on production of a European arrest warrant. The arrest is subject to the conditions of article 2 of the law of 20 July 1990 on pre-trial detention.
Sub-section 2. -The order of the investigating judge s.
11 § 1. Within 24 hours following the effective deprivation of liberty, the person concerned is presented to the investigating judge, who informs him: 1 ° the existence and the content of the European arrest warrant;
2 ° of the possibility offered to agree to surrender to the issuing judicial authority;
3 ° the right to choose a lawyer and an interpreter.
Assistance of counsel follows the rules of Belgian law applicable in this field. It is the same as regards the possible assistance of an interpreter.
There is mention of this information on the hearing record.
§ 2. The investigating judge then heard the person concerned on the fact its possible put in detention and its observations thereon.
§ 3.
At the end of the hearing, the investigating judge may order the release or continued detention on the basis of the European arrest warrant and taking into account the circumstances in fact mentioned therein as well as those relied on by the person.
§ 4. The investigating judge may, ex officio, at the request of the public prosecutor or at the request of the person concerned, let it release him imposing to comply with one or more conditions, until the final decision on the execution of the European arrest warrant.
These conditions must be such as to ensure that the person concerned will commit new crimes or offences, shirk to the action of justice, nor can make evidence disappear or enter in collusion with others.
During the procedure, the investigating judge may, ex officio or at the request of the Prosecutor, impose one or more conditions, remove, modify, or extend, in whole or in part, the conditions already imposed. It may dispense with compliance for some or all conditions of between them.
The person concerned may request the withdrawal or modification of all or part of the conditions imposed;
It can also ask to be given conditions or some in between.
When conditions are not observed, the investigating judge may issue an arrest warrant, in the conditions laid down in the preventive detention Act of 20 July 1990.
§
5. The investigating judge may also require payment prior and full of a bond which it sets the amount.
Bail is paid to the Caisse des Dépôts et consignations, and the Crown, in the light of the receipt, enforces the order of release.
The bond is rendered after the final decision on the execution of the European arrest warrant, if the person concerned has remained continuously on Belgian territory during the conduct of the proceedings.
The bond is attributed to the State as soon as the person concerned, without lawful excuse, has left the Belgian territory without informing the Belgian judicial authorities or has withdrawn the execution of the European arrest warrant.
§ 6. If the person is left at liberty pursuant to §§ 4 or 5, the investigating judge shall immediately inform the public prosecutor who, in turn, inform the issuing judicial authority.
§ 7.
The reasoned order is served on the person concerned within the 24-hour period referred to the § 1. It is likely no remedy.
S. 12 § 1.
Immediately after the first hearing, the person concerned may communicate freely with his counsel.
§
2. If the person concerned has not chosen to counsel, or only chooses no at the end of the hearing provided for in article 11, the investigating judge shall inform the Dean or her delegate who proceeds to the appointment of a lawyer, in accordance with article no. 508/21 of the Judicial Code.
Subsection 3 the procedure in case of consent of the arts. 13 § 1.
If the person concerned agrees to surrender, this consent is given to the Prosecutor of the King, in the presence of his lawyer, after that it will be was informed of the consequences of consent, including that it causes the waiver for the benefit of the rule of speciality.
§ 2.
He is trained in minutes. The minutes are worded to show that the person concerned has consented voluntarily and being fully aware of the consequences resulting therefrom.
§
3. If consent of the person concerned and subject to the review by the examining magistrate on the basis of article 14, the prosecutor decided the execution of the European arrest warrant.
§
4. Consent may intervene at any stage of the procedure. It can be revoked by the person until its effective delivery.
Subsection 4. -The decision on the execution of the European arrest warrant articles 14 § 1. If at the hearing referred to in article 11, the investigating judge finds the existence of a cause manifest to refuse the execution of the European arrest warrant, on the basis of articles 3 to 6, he immediately takes a reasoned decision of not running.
§ 2. The Crown can appeal the decision to not run to the indictments chamber, within a period of 24 hours, which run from the day of the decision.
§ 3. Failing to appeal within 24 hours of the decision to non-execution of the European arrest warrant taken in accordance with the first paragraph, an order made under section 11, ceases its effects.
§ 4. Within fifteen days of the call, the indictments chamber statue on the appeal, the Attorney general, the person concerned be assisted or represented by counsel heard. To decide, carry out the checks provided for in article 16, § 1.
§ 5. Twenty-four hours at least before the appearance, the place, day and hour of the appearance are indicated in the register referred to in article 17, § 2, and the Registrar give notice, by fax or by registered mail, the person concerned and his counsel.
The file is made available to the person concerned and his counsel during the last business day prior to the appearance.
This update available to the person concerned and his lawyer will be in the form of certified copies by the clerk.
The file is again put at their disposal during the morning of the day of appearance if Eve was not a working day; in this case, the appearance in room charges takes place the afternoon.
§ 6. The decision on the appeal shall be forwarded immediately to the Attorney general and shall be served on the person concerned within 24 hours.
§
7. The decision on the appeal may subject to an appeal in cassation in the conditions laid down in article 18.
S. 15. If the investigating judge considers that the information communicated by the issuing Member State in the European arrest warrant are insufficient to allow the decision on surrender, it requests the provision of additional information necessary emergency and may set a deadline for their receipt, taking into account the need to respect the time limit under article 16, § 1.
S. 16 § 1. Within fifteen days of the arrest, the room of the Council, on the report of the investigating judge, the Prosecutor and the person concerned be assisted or represented by his lawyer heard, statue by a reasoned decision on the execution of the European arrest warrant.
To decide, the Council Chamber checks if: 1 ° the conditions of article 3 are met;
2 ° there is no place to apply one of the causes of refusal provided for in articles 4 to 6.
3 ° where the door European arrest on a warrant is contained in the list of article 5, § 2, behaviour, as they are described in the European arrest warrant, correspond to those included in this list;
4 ° there is place to apply the guarantees provided for in articles 7 and 8.
§
2. Twenty-four hours at least before the appearance, the place, day and hour of the appearance are listed in a special register kept at the registry and the Registrar gives notice, by fax or by registered mail, the person concerned and his counsel.
The file is made available to the person concerned and his counsel during the last business day prior to the appearance.
This update available to the person concerned and his lawyer will be in the form of certified copies by the clerk.
The file is again put at their disposal during the morning of the day of appearance if Eve was not a working day; in this case, the appearance

in the Council Chamber was held the afternoon.
§ 3. The decision on the execution of the European arrest warrant shall be forwarded immediately to the Prosecutor of the King and is served on the person concerned within 24 hours. The Act of meaning contains warning to the person concerned of the right that is granted to appeal and the time limit within which this right must be exercised.
§
4. The decision on the execution of the European arrest warrant indicates that the person concerned may be prosecuted, convicted or deprived of liberty for an offence committed prior to his surrender other than that which led to his release, in accordance with the provisions of the law of the issuing State taken in accordance with articles 27 and 28 of the framework decision 2002/584/JHA of 13 June 2002 on the European arrest and procedures terms of recuise between Member States.
§ 5. If the Council Chamber determines not within the period prescribed in paragraph the investigating judge ordered release of the person, subject to appeal by the public prosecutor within 24 hours of the order before the Chamber of indictments in accordance with article 17.
S. 17 § 1. The person concerned and the public prosecutor may appeal the decision of the Board of the Council to the indictments chamber. An appeal must be brought within a period of twenty-four hours, running against the Crown as the day of decision and against the person concerned of the day where she served.
§ 2. The appeal is brought by declaration at the registry of the Court of first instance and entered in a register opened for this purpose.
§ 3.
Twenty-four hours at least before the appearance, the place, day and hour of the appearance are indicated in the register referred to in paragraph 2 and the clerk gives notice, by fax or by registered mail, the person concerned and his counsel.
The file is made available to the person concerned and his counsel during the last business day prior to the appearance.
This update available to the person concerned and his lawyer will be in the form of certified copies by the clerk.
The file is again put at their disposal during the morning of the day of appearance if Eve was not a working day; in this case, the appearance in room charges takes place the afternoon.
§ 4. Within fifteen days of the declaration referred to in § 2, the indictments chamber disposes of the appeal by a reasoned decision, the Prosecutor, the person concerned be assisted or represented by counsel heard.
To decide, carry out the checks provided for in article 16, § 1, paragraph 2.
Absence of a decision within that period, the person concerned is released.
§
5. The decision on the appeal shall be forwarded immediately to the Attorney general and shall be served on the person concerned within twenty-four hours. The Act of meaning contains warning to the person concerned of the right that is granted to appeal in cassation and the term in which it must be exercised.
S. 18 § 1. The decision on the appeal may be the subject of an appeal in cassation, by the public prosecutor and the person concerned within a period of twenty-four hours, running against the Crown from the day of decision and against the person concerned of the day where she served.
§ 2. The file is sent to the registry of the Court of cassation within the twenty-four hours of the appeal. Means of cassation can be described either in the notice of appeal, or in writing filed on this occasion, or a memory that must be received at the registry of the Court of cassation no later than the fifth day after the date of the appeal.
§
3. The cassation court within a period of fifteen days from the date of the appeal.
§
4. After a judgment of cassation with reference, the indictments chamber to which the case is returned statue within fifteen days as of the pronouncement of the judgment of the Court of cassation.
§
5. If the appeal is rejected, the decision of the Chamber of indictment on the execution of the European arrest warrant is immediately enforceable.
S. 19 § 1.
When, in specific cases, the European arrest warrant cannot be executed within a period of sixty days from the arrest of the person concerned, the public prosecutor shall immediately inform the person concerned and the issuing judicial authority, indicating why. In such a case, the period may be extended by thirty days.
§ 2. Where, in exceptional circumstances, the final decision on the execution of the European arrest warrant has not taken within a period of 90 days from the date of arrest of the person, the public prosecutor shall inform the federal prosecutor who, in turn, inform Eurojust, specifying the reasons for the delay.
§
3. The time limits provided for in articles 16, § 1, 17, § 4 and 18, paragraph 3 shall be suspended during the time of the remission granted at the request of the person concerned or his lawyer.
S. 20 § 1. The order of the investigating judge made under section 11 guard its effect until the decision on the execution of the European arrest warrant had become final.
§ 2. The investigating judge may, under the conditions laid down in article 11, §§ 4 to 6, and after having heard the person concerned be assisted or represented by his lawyer, put the person concerned in freedom at any time of the procedure, until the decision to execute the European arrest warrant had become final.
§ 3. Failing to judge to have ruled within 15 days after a request for release of the person concerned or if this request is rejected, the person concerned can submit its request to the Council Chamber.
§ 4. The final decision to execute the European arrest warrant is the title of detention until the effective surrender of the person to the issuing State.
However, the final decision to execute the European arrest warrant may provide release under conditions or bail of the person concerned under the conditions laid down in article 11, paragraphs 4 and 5, and to the effective surrender of the person to the issuing State.
Subsection 5. -Communication of the decision art. 21. the public prosecutor immediately means the final decision on the execution of the European arrest warrant to the person concerned and the issuing judicial authority.
Sub-section 6. -The surrender of the requested person article 22 § 1. The Crown should be a surrender date, as soon as possible, with the competent authority of the issuing State. This date occurs in any case no later than ten days after the decision to execute the European arrest warrant. The person concerned is immediately informed.
§
2. Cases of force majeure preventing the surrender of the person concerned within the prescribed period to the § 1, the Crown shall immediately contact the competent authority of the issuing State to agree on a new surrender date. This new date is no later than 10 days after the expiry of the period referred to the § 1. The person concerned shall immediately be informed of the new date.
§ 3. The delivery takes place within ten days of the new agreed date.
§ 4. The expiry of the periods referred to in §§ 1 to 3, if the person is still being held, she is released.
S. 23 § 1. The Crown may exceptionally suspend temporarily the discount for serious humanitarian reasons, for example when there are substantial grounds for believing that it would manifestly endanger the life or health of the person concerned.
§ 2. The execution of the European arrest warrant takes place as soon as these grounds have ceased to exist. The public prosecutor shall immediately inform the issuing judicial authority and agrees with it of a new surrender date. This new date is no later than within 10 days. The person concerned is immediately informed.
§
3. In this case, the delivery takes place within ten days of the new agreed date.
§
4. The expiry of the period referred to in § 3, if the person is still being held, she is released.
S. 24 § 1. Notwithstanding what is provided for in article 22, the public prosecutor may defer the surrender of the person concerned that she may be prosecuted in Belgium or, if it has already been sentenced, so that it can serve a sentence passed for one act other than that referred to in the European arrest warrant.
The execution of the European arrest warrant takes place as soon as these grounds have ceased to exist. The public prosecutor shall immediately inform the judicial authority of the issuing State and agrees with it of a new surrender date. This new date is no later than within 10 days.
In this case, the delivery takes place within 10 days of the new agreed date.
The expiry of the period referred to in paragraph 3, if the person is still being held, she is released.
§ 2. Instead defer the surrender, the Crown may temporarily surrender the person concerned, the issuing State under conditions to be determined by mutual agreement with the competent authority of the issuing State.
S.
25. all information relating to the duration of the detention of the person concerned in respect of the execution of the European arrest warrant are transmitted by the Crown to the judicial authority to broadcast at the time.
Section 3. -Delivery of objects art. 26 § 1. At the request of the judicial authority of issuance or on its own initiative, the

the Council Chamber decides if there is place to seize and return objects: 1 ° that can serve as parts for conviction or 2 ° which were acquired by the person concerned of the result of the offence.
The room of the Council shall order the restitution of objects that do not directly relate to imputed to the person concerned because and statue, where appropriate, on the claim of the holders or other beneficiaries.
§ 2. The referred objects go-around in the § 1 is carried out even in the cases where the European arrest warrant cannot be executed due to the death or escape of the person concerned.
§ 3. When the objects referred to the § 1 are liable to seizure or confiscation on Belgian territory, the Belgian judicial authorities concerned may, if the objects are required for the purposes of ongoing criminal proceedings, temporarily retain them or hand them to the Member State of issue subject to restitution.
Section 4. -Case individuals article 27 ler. When the person who is the subject of a European arrest warrant was previously extradited to Belgium from a foreign State to the European Union and this person is protected by the provisions relating to the specialty of the arrangement under which the person was extradited, the public prosecutor shall immediately inform the person concerned and the Minister of Justice so that the latter immediately requested the consent of the State from which the person was extradited.
§ 2. The time limits referred to in articles 16 to 19 start to run only from the date where the speciality rules cease to apply.
S.
28 § 1. When the person concerned has a privilege or immunity in Belgium, the time limits referred to in articles 16 to 19 begin to run only if and count the day where this privilege or immunity were raised.
§ 2. Where the exercise of the privilege or immunity is subject to a Belgian authority, the Crown requested without delay to the competent authority.
§ 3. Where the exercise of the privilege or immunity is subject to an authority of another State or of an international organization, the investigating judge shall suspend the procedure pending the privilege or immunity had been lifted at the initiative of the issuing judicial authority. It shall inform the issuing judicial authority.
S. 29 § 1. If several Member States have issued a European arrest warrant against the same person, the Prosecutor informed the federal prosecutor and enters the room of the Council so that it operates the choice of the European arrest warrant which the enforcement procedure will be continued.
§ 2. The Council Chamber rules within fifteen days, on the advice of the federal prosecutor and taking due account of all the circumstances and, in particular, the relative seriousness and place of commission of the offences, the respective dates of the European arrest warrants so that the warrant has been issued for the prosecution or for execution of a sentence or a measure involving the deprivation of liberty of.
§ 3. The federal prosecutor may seek the advice of Eurojust on the choice to operate.
§ 4. The Crown shall immediately communicate the different judicial authorities to issue the decision on the choice of the European arrest warrant which the enforcement procedure will be continued.
S. 30 § 1. In the event of conflict between a European arrest warrant and a request for extradition presented by a third country, the Crown shall immediately inform the federal prosecutor and the Government, with comments of the judge of instruction, so that the Government decides there is place to give priority to the European arrest warrant or the extradition request.
§ 2. The decision was taken on advice of the federal prosecutor and the comments of the judge of instruction, within thirty days of the information by the public prosecutor, taking due account of all the circumstances, in particular those referred to in article 29, paragraph 2, as well as those mentioned in the applicable convention.
§ 3. The time limits referred to in articles 16 to 19 don't begin to run only from the date of the decision referred to in paragraph 2.
§ 4. If the Government decides that instead of giving priority to the European warrant in application of § 1 but that the competent court decides not to run it, the Crown shall inform the Government in order to allow the continuation of the extradition procedure.
S. 31 § 1. If, after the surrender of the person, the competent authority of the issuing State wishes to pursue, condemn or deprive of liberty for an offence committed before surrender other that that which motivated this discount, the room of the Council who gave the person decides under the conditions laid down in article 16 of this Act.
To this end, the delivery person may be represented by his lawyer in Belgium if it is not possible to personally appear before Belgian judge.
§ 2. The decision is made no later than 30 days after receipt of the request.
CHAPTER IV. -The issuance of a European warrant by a Belgian judicial authority arts. 32 § 1. When there is reason to believe that a person wanted for the purpose of criminal proceedings is located on the territory of another State member of the European Union, the investigating judge issued a European arrest warrant form and under the conditions laid down in articles 2 and 3. The European arrest warrant issued for the purpose of criminal proceedings may be issued only under the conditions imposed by the pre-trial detention Act of 20 July 1990.
§
2. When there is reason to believe that a person wanted for the purpose of execution of a sentence or a security measure is located on the territory of another State member of the European Union, the Attorney for the King issues a European arrest warrant form and under the conditions laid down in articles 2 and 3.
If, in this case, the penalty or measure safety were made by a decision rendered by default, and if the person sought has not been personally cited or otherwise informed of the date and place of the hearing which led to the decision rendered by default, the European arrest warrant indicates that the requested person will have the opportunity to oppose in Belgium and to be tried in his presence.
S. 33 § 1. The European arrest warrant is prepared in the form specified in the annex to this Act.
§ 2. When the place where the person is known, the European arrest warrant can be sent directly to the executing judicial authority.
§ 3. In all cases, the person sought may be reported in the Schengen Information System.
§ 4. If the competent executing judicial authority is not known, the necessary research can be performed through the European judicial network contact points, to obtain that information from the executing State.
§
5. The transmission of the European arrest warrant may be made by the following passages: 1 ° as a priority by the Schengen Information System;
2 ° through the secure telecommunications system of the European judicial network;
3 ° if it is not possible to use the Schengen Information System, by the services of Interpol;
4 ° by any secure means capable of producing a written record under conditions allowing the executing Member State to establish the authenticity.
S.
34. the public prosecutor or where applicable, the investigating judge may, at any time, transmit all additional information useful to the executing judicial authority.
S. 35. where the requested person enjoys a privilege or immunity in the executing State, and that the lifting of the privilege or immunity falls under authority of a State other than that of execution or of an international organization, the public prosecutor shall inform the Minister of justice so that the Belgium can send the request for waiver to the State or the international organization concerned.
S.
36. any period of detention arising from the execution of a European arrest warrant is deducted from the total duration of deprivation of liberty to stand in Belgium as a result of the sentence or measure of private security of freedom.
S. 37 § 1. A person who has been submitted on the basis of a European warrant issued by a Belgian judicial authority cannot be prosecuted, sentenced or deprived of liberty for an offence committed prior to his surrender other than that which led to his release.
§ 2. The § 1 does not apply in the following cases: 1 ° when, having had the opportunity to do so, the person concerned has not left Belgian territory within 45 days following its final expansion, or that she returned there after having left it.
2 ° the offence is not punishable by a deprivation of liberty;
3 ° the criminal procedure does not give rise to the application of a measure restricting personal liberty;
4 ° when the person concerned is liable to a sentence or a non-custodial measure, including a financial penalty or subsidiary imprisonment, even if the penalty or measure is likely to restrict his personal liberty;
5 ° when the person concerned has given his consent to surrender where appropriate while she renounced the speciality rule;
6 ° when the person concerned has expressly waived, after his release, to benefit from the rule of specialty for specific facts prior to his release. The waiver is made before the public prosecutor of the King and he is trained in minutes. It is labeled to show that the person concerned has made it voluntarily and in full awareness

consequences resulting therefrom. The person concerned has the right, to this end, to be assisted by a lawyer.
If, outside cases referred to in paragraph 1, the investigating judge, the Prosecutor or court will, as appropriate, pursue, condemn, or deprive of freedom the delivery person for an offence committed prior to surrender other that motivated this discount, a request for consent shall be submitted to the executing judicial authority, accompanied by the information referred to in article 2 , § 4, as well as, where appropriate, a translation.
S.
38 § 1. A person who has been surrendered to the Belgium under a European arrest warrant may, without the consent of the executing Member State, be surrendered to a Member State other than the executing State pursuant to a European arrest warrant issued for an offence committed prior to his surrender in the following cases: 1 ° when, having had the opportunity to do so, the person concerned did not leave Belgian territory within 45 days of his final enlargement , or that she has returned after having left.
2 ° when the person concerned agrees to be surrendered to a Member State other than the State of execution under a European arrest warrant. Consent is given to the Prosecutor of the King and is recorded in a minutes. It is labeled to show that the person concerned did so voluntarily and being fully aware of the consequences resulting therefrom. The person concerned has the right, to this end, to be assisted by a lawyer.
§ 2. Apart from the cases referred to the § 1, a request for consent shall be submitted to the authority executing, accompanied by the information mentioned in article 2, § 4, as well as of a translation.
§ 3. A person who has been surrendered to the Belgium under a European arrest warrant may not be extradited to a third State without the consent of the competent authority of the Member State from which the person concerned was delivered.
Chapter V. - Transit article 39 § 1. The Belgium allows transit through its territory of a requested person being a discount, provided that they have received information on:-the existence of a European arrest warrant;
-the identity and nationality of the person subject to the European arrest warrant;
-the nature and the legal qualification of the offence;
-a description of the circumstances of the offence, including the date and place.
§ 2. When the person who is the subject of a warrant of EAW for the purposes of prosecution is a national Belgian or resident in Belgium, the transit can be subject to the condition that the person, after having been considered, be sent back to Belgium to undergo the penalty or security measure that would have voted against him in the issuing State. The person concerned is heard on this subject.
§ 3. When the transit of a national or a person residing in Belgium is requested for the purpose of execution of a sentence or a security measure, it may be refused if the competent Belgian authorities undertake to execute the sentence or measure of safety in accordance with Belgian law. The person concerned is heard on this subject.
S. 40 § 1. The Minister of Justice is the authority responsible for receiving transit requests and the necessary documents therefor as well as any other official correspondence relating to these applications.
§ 2. The request for transit and the information provided for in article 39 may be transmitted by any means capable of producing a written record. The Minister of Justice made known its decision by the same process.
S. 41 § 1.
The use of the air without a scheduled stopover is permitted without formality.
§
2. However, when occurs a unscheduled landing, articles 39 and 40 shall apply.
S.
42. articles 39 and 40 shall apply also where a transit concerns a person who is extradited from a third State to a Member State.
CHAPTER VI. -Disposition final art. 43 § 1. Except in the cases referred to in article 40 the public Service Federal Justice assists, if they so request, the competent judicial authorities for the implementation of this Act.
§
2. The competent judicial authorities shall inform, without delay, the federal public Service Justice of any difficulties encountered in the application of this Act, on the occasion of the execution in Belgium of a foreign European arrest warrant, either the Belgian implementation by a Member State of a European warrant issued by a judicial authority.
CHAPTER VII. -Disposition transitional art.
44 § 1. This Act applies to the arrest and surrender of a person sought under a European arrest warrant between the Belgium and the Member States of the European Union effective 1 January 2004. Requests for surrender prior to that date will continue to be governed by existing instruments relating to extradition.
In relations with the competent French authorities, the Act will apply to the arrest and surrender of a person sought under a European warrant for acts committed after 1 November 1993.
In relations with Italian and Austrian authorities, the Act will apply to the arrest and surrender of a person sought under a European warrant for acts committed after August 7, 2002.
§ 2. When a person has been arrested before January 1, 2004, on the basis of a request for provisional arrest with view to extradition and that the extradition request has not been addressed to the Belgium prior to December 31, 2003, the title of detention earlier remains valid and the person's situation is governed by this Act. The time limits referred to in articles 16 to 19 start to run from January 1, 2004.
§ 3. The Act of 15 March 1874 on extradition or the existing instruments in the field of extradition in relations with Member States which have not transposed the framework decision 2002/584/JHA of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, remain applicable.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Brussels, 19 December 2003.
ALBERT by the King: the Minister of Justice, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Mrs L.
ONKELINX _ Note (1) 2003/2004 reference.
House of representatives.
51 - 279 - 2003/2004 No. 1: Bill.
No. 2 to 5: amendments.
No. 6: report.
No. 7: text adopted by the commission.
No. 8: amendment.
No. 9: Supplementary report.
No. 10: Text adopted by the commission No. 11: text adopted in plenary meeting and transmitted to the Senate.
Full report: December 4, 2003.
Records of the Senate.
3 - 395 - 2003/2004 No. 1: draft transmitted by the House of representatives.
No. 2: amendments.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: amendments.
No. 6: Text adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: 17 and 18 December 2003.

For the consultation of the table, see image