Fiches Belges
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Fiches Belges: Холандия

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Холандия

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

The Public Prosecutor's Office Amsterdam, the Centre for International Legal Assistance, is the competent central authority to receive and to execute the incoming EAWs. The Amsterdam Court for International Legal Assistance is the central authority to decide upon the EAWs. The wanted person can consent to his immediate surrender until the day of the courtsession. He cannot withdraw his former consent. In the accelerated procedure the person may chose whether or not to waive the specialty rule. When it concerns an EAW for the purpose of prosecution of a wanted person and it regards a national or resident who has been given equal status as a national, we will require a guarantee for return before the court will decide on the EAW. In case the court applies the ground for refusal based on Article 4 par 6 FD EAW - situation of an EAW for execution of a sentence, that regards a national or a resident who has been given equal status as a national - and refuses the surrender, the court will at the same time order the transfer of the execution of the sentence in the Netherlands and order the incarceration, if the surrender detention of the wanted person had been suspended awaiting the decision on the EAW. In case there is a pending Dutch criminal proceedings, the actual surrender may be postponed, in order to finalize the Dutch criminal case. A temporary surrender can be initiated, in which the minister of justice and security will set the conditions that have to be agreed upon by the issuing authority.

2. LEGAL FRAMEWORK

Холандия

International legal framework applicable for this measure in your Member State

The Framework Decision 2002/584 has been implemented by the Dutch Surrender Act, in Dutch: Overleveringswet, of 29 April 2004.

3. COMPETENT AUTHORITY TO:

Холандия

* receive the request/decision for judicial cooperation

IRC Amsterdam Tel (+31) 088 699 1270 Fax (+31) 088 699 0128 E-mail eab.amsterdam@om.nl Postal address Postbus 115 1000 AC Amsterdam visiting address IJdok 163 1013 MM Amsterdam

* execute/recognise the measure (if other than the receiving authority)

If the wanted person consents to his immediate surrender, the court of Amsterdam decides on the surrender. The actual surrender will take place within approximately 20 days after the arrest. If the wanted person does not consent to his surrender, the International Legal Assistance Court Amsterdam is the central authority to decide on the EAW. According to Dutch law the court will decide within 60 days after the arrest, and can prolong this timeframe with 30 days. After 90 days, the court may suspend the detention of the wanted person, under conditions, such as to report himself to the police every week or to hand in his passport. In limited situations the Amsterdam court can prolong the detention with 30 days or with 60 days.

4. ACCEPTED LANGUAGES

Холандия

Accepted languages for the request/decision

English and Dutch

5. EXECUTION DEADLINE

Холандия

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

The Court will decide upon the EAW, within 60 days, or they can prolong till 90 days, after the arrest of the wanted person. In case the court needs more time to decide on the EAW, in some cases the detention of the wanted person will be suspended. The court will still decide on the EAW. After the decision on the EAW, the Amsterdam Prosecutor’s Office will have 10 days to arrange for the actual surrender. If this time frame cannot be met, this period can be prolonged with 30 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

Холандия

a. Special requirements

When the wanted person is entitled to a return guarantee, the public prosecutor should be able to present this guarantee in court before the EAW can be approved.

b. Other useful information

It is possible to ask for the seizure of goods that the wanted person carried with him/her at the time of the arrest. Regarding seizure, you can fill in paragraph g) in the standard EAW form. If you have reason to believe that the wanted person will try to flee, in order to prevent his actual surrender, after being arrested and after a possible suspension of his detention, please mention this explicitly in the EAW. A suspicion for fleeing from surrender, can arise for instance by the existence of banking accounts abroad, an international network of co-authors where he can hide from justice, premises abroad, a double nationality in a country that does not extradite own nationals etc etc. Also a criminal record in his homeland can indicate that the wanted person may have reason to try to avoid his transfer to the issuing country. Please note that - the EAW will be served on the wanted person after his arrest. Therefore we advise not to give information about co-authors that you are still looking for in the investigation. - we will not check on the proportionality of the EAW. This is not a ground for refusal. However, we do expect the issuing country to do a proportionality check. - If you combine the EAW with a MLA request, for instance a search of premises, and the arrest of the wanted person, we advise to send in the EAW together with the MLA and not to have the notification in the Schengen system (SIS II), because you risk the sudden arrest of the wanted person by a traffic control.

Last reviewed on 29 октомври 2021 by Tools Correspondent

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