Luxemburgo - Autoridad central (Art. 2) e información práctica
Central Authority(ies):
Le Procureur général d'Etat
Contact details:
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Address: |
Le Procureur général d'Etat Cité judiciaire Plateau du St-Esprit L-2080 Luxembourg |
Telephone: | +352 47 59 81-336 |
Fax: | +352 47 05 50 |
E-mail: | |
General website: |
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Contact person: |
Mme Monique SCHMITZ, Avocat Général tél.: +352 47 59 81-336/393 en son absence / in her absence: Avocat général de permanence |
Languages spoken by staff: | French, German, English |
Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires) |
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Blocking statutes: | Yes, there are two European instruments of this nature: |
Chapter I
(Letters of Requests) |
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Transmission of Letters of Requests: | Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State. |
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): | Judicial authority competent to execute the request. |
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | Declaration of applicability. No Competent Authority has been designated. However, in practice such requests are considered by the Parquet général. |
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): | No declaration of applicability. |
Translation requirements (Arts 4(2) and 33): | Accepts Letters of Requests written in or translated into French, English and German. |
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): | Luxembourg has not sought reimbursement of costs under Art. 14(2). |
Time for execution: | No information available. |
Art 23 pre-trial discovery of documents: | Letter of Request will not be executed (full exclusion). |
Information about domestic rules on the taking of evidence: | European Judicial Network in Civil or Commercial Matters - Luxembourg. |
Witness examination under Chapter I
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Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | No information available. |
Is it a public or private hearing? | Elles peuvent être soit publiques, soit à huis clos. Cela dépend de la matière. |
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | Yes. |
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | No. |
Are documents produced by the witness authenticated by the court? | No. |
Is an oath generally administered to the witness? | Yes. |
Can the witness be made subject to further examination and recall? | Yes, but a second request is necessary. |
Are there sanctions for non-appearance of witness? | Il s'expose à une peine d'amende de 50 à 2.500 euros. |
Must interpreters who assist with the witness examination be court-certified? | Yes. |
How is the testimony transcribed? | Un procès-verbal est dressé par le greffier et signé par le magistrat et le témoin. |
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners) |
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Article 15 | Applicable. |
Article 16 | Applicable. See conditions and competent authority. |
Article 17 | Applicable. See conditions and competent authority. |
Article 18 | No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion). |
Taking of evidence by video-links
(under either chapter) |
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Chapter I
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Are there legal obstacles to the use of video links? | No. |
Technology used: | No information available. |
Level of interpretation required: | No information available. |
Simultaneous or in sequence interpretation: | No information available. |
Interpretation required in which jurisdiction? | No information available. |
Who pays for the interpretation? | No information available. |
How would a request for evidence be handled if witness not willing? | No information available. |
Chapter II
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Are there legal obstacles to the use of video links? | No information available. |
Technology used: | No information available. |
Level of interpretation required: | No information available. |
Simultaneous or in sequence interpretation: | No information available. |
Interpretation required in which jurisdiction? | No information available. |
Who pays for the interpretation? | No information available. |
Bilateral or multilateral agreements | Bilateral conventions on judicial co-operation: Austria, Denmark, France, Switzerland. |
Useful links: |
(This page was last updated on 22 June 2017)
This page was last updated on: