Brussels,

Federal Prosecutor’s office

Rue des Quatre Bras 19

B-1000 Brussels

Tel+00 32 2 557 77 11

Fax+00 32 2 557 77 90

To the Competent legal authorities

In the United States of America

Your ref. :

Our ref:

Encl: proceedings + legal dispositions

Dear Colleague,

Subject: Request to take over prosecution

Please find enclosed the report, established by the Federal Police of Bruges, Crime Unit, in collaboration with the Section “Fighting Crimes committed on the Person” of the Federal Police, Crime Unit , against:

CD, born on ***, address: ***

For

Having executed the crime or directly cooperated to the execution of the crime or by any means given assistance for the commission of a crime, in a way that the crime could not have been committed without his assistance, for having by gifts, promises, menace, abuse of power, machinations or deceitful trickery directly caused the crime, being offender or co-offender as disposed in article 66 Criminal Law:

  1. having committed rape by using means of violence, being any act of sexual penetration by any way and any means, committed against a child that did not complete the age of fourteen, aggravated by the fact that the offence has been committed by a parent in ascending line / assisted by one or several persons in the commission of the offence (article 375 (1) 2 and 6, article 377 (1) and (6) and 378 Criminal Law).
  1. having committed an indecent assault by means of violence or menace against a minor, who has not completed sixteen years at the moment of the facts, - an indecent assault exists from the very start of its execution – aggravated by the fact that the assault has been committed by a parent in ascending line / assisted by one or several persons in the commission of the crime (articles 373 (1) and (3), article 374, 377 (1) and (4), and article 378 Criminal Law)
  1. having exposed, sold, rent, distributed, issued or handed over emblems, objects, movies, pictures, slides or other visual supports that show positions or sexual acts of pornographic nature involving or showing minors having made or hold them, imported or made imported, handed over to a transport or distribution agent with purpose of commerce or distribution (article 383bis Criminal Law.)

The offences are punished:

  • qualification A :with imprisonment of minimum seventeen years, if the above mentioned aggravated circumstances are taken into consideration
  • qualification B: with imprisonment of minimum twelve years, if the above mentioned aggravated circumstances are taken into consideration
  • qualification C: with imprisonment of five to ten years and a fine of 500 euro to 10.000 euro.

A copy of the applicable disposition is enclosed.

The above-mentioned person appears to have relations with T.P., suspected to commit sexual abuse of his own minor daughters and to make and distribute pornographic material involving children.

The investigation led to the arrest of T.P. in Bruges, and to the arrest of M. Sergio in … (Italy) as the result of the excellent cooperation with the Italian judicial authorities and Europol. M. is supposed to be a central figure in the circle of producers of child pornography.

Because of the existence of branches in several European countries a coordination meeting took place at EUROJUST in the Hague on this matter, on … and on …in presence of the Federal Prosecutor S.G.

Following the decisions at this meeting I enclose the above-mentioned file.

Accordingly it is respectfully requested that the competent judicial authorities of the United States of America take over the prosecution.

In thanking you in advance for your valuable cooperation please let me know if I can be of any further assistance.

With kind regards

Erwin Dernicourt

Federal Magistrate

Tel. + 32 2 557 77 29

Fax: 32 2 557 77 95

e-mail :

I hereby certify that this is, to the best of my knowledge, a true and correct translation of the original document drawn up in Dutch

The sworn translator

Brigitte Daenens

14/09/2007

EXTRACT FROM THE BELGIAN CRIMINAL LAW

BOOK 2. - OFFENCES AND THEIR SANCTIONS IN PARTICULAR

TITLE VII – OFFENCES AGAINST FAMILY AND PUBLIC MORALS

PART V. – INDECENT ASSAULT AND RAPE

Article 372

Any indecent assault, committed without the use of violence or menace against the person or with the assistance of a child, either male or female, which has not completed the age of sixteen, will be punished with imprisonment of five years to ten years.

Indecent assault committed without violence or menace by a parent in ascendant line or adoptive parentagainst the person or with the assistance of a minor, even if he has completed the age of sixteen, but has not been emancipated by marriage, is punished with imprisonment of ten years to fifteen years. The same punishment is enforced if the offender is either the brother or the sister of the minor or any other person having a similar position in the family, or any person living together with the victim, permanently or occasionally and having authority over him.

(…)

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