Foren in 'Criminal Justice and Operational Agencies' | ||||
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Cellule de Renseignement Financier (CRF-FIU) Detection activities are primarily driven by Luxembourg’s CRF-FIU. It is the exclusive recipient of suspicious activity reports (SARs) and suspicious transaction reports (STRs) from obliged entities. The CRF FIU analyses these reports and disseminates intelligence to competent authorities (including international counterparts). The CRF-FIU is headed by magistrates who operate independently and autonomously.
Unterforen: goAML (Anti-Money-Laundering System), Declaration without Transactions (SAR or TFAR), Declaration with Transactions (STR or TFTR), National Request for Information (NRI), Response to a Request for Information - Suspicious Activity (RIRA), Response to a Request for Information - Suspicious Transaction (RIRT) |
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Prosecution Authorities Prosecution authorities refers to both the General State Prosecutor’s Office with the Superior Court of Justice (PG), and the State Prosecutor’s Offices with the District Courts that prosecute those who commit criminal offences, including ML/TF offences. The General State Prosecutor is the central authority for receiving requests for mutual legal assistance in criminal matters.
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The Office of the Investigative Judge (Investigative Judge) The Office of the Investigative Judge (investigative judge) directs the investigation of cases as assigned by State Prosecutors, particularly if coercive measures are required. Their role is to gather evidence to impartially investigate a case. Investigative judges may order measures that restrict individual freedoms (i.e., coercive measures), such as provisional detention, searches or seizures.
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Judicial Police Service (SPJ) The Judicial Police Service (SPJ) is the department within the Grand Ducal Police (PGD) in charge of executing most orders from the State Prosecutors and the investigative judges. In addition to a dedicated anti-terrorism unit, the SPJ has an AML unit specialised in investigating ML, TF and in identifying and tracing criminal assets. The SPJ is also responsible for executing measures ordered by an investigative judge in the execution of mutual legal assistance (MLA) requests.
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Council Chamber The Council Chamber is an investigating court which, in principle, sits in collegial formation (i.e. with three judges) and in a non-public hearing. It supervises the acts of the investigative judge and decides, on request of the State Prosecutor (or the civil party, e.g. a victim), after completion of a judicial investigation, whether the case shall be referred to a court. In addition, the Council Chamber receives requests from prosecution authorities and any relevant person who can cite a legitimate personal interest to declare invalid a preliminary investigation or any part of this process. As a general rule, the decisions of the 1st instance Council Chamber may be appealed against. Such appeal would be heard by the Council Chamber of the Court of Appeal. On mutual legal assistance (MLA) matters, the Council Chamber examines of its own motion the “formal” regularity of the procedure.
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Criminal Justice and Operational Agencies
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