Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Netherlands

Interception of telecommunication without the technical assistance of another Member State (107)

1. MEASURE IMPLEMENTATION

Netherlands

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

Yes. 1. A notification, about the intention to intercept or the interception of telecommunications of a user who is in the territory of the Netherlands must be promptly forwarded to the public prosecutor of the LIRC. 2. This public prosecutor places the notification in the hands of the examining magistrate. 3. The examining magistrate shall take a decision on the application. 4. If the authorisation is granted, the public prosecutor shall inform the authorities from whom the notification was received, within the time limit set in the applicable treaty that permission is granted for the intended interception or the interception of telecommunications of a user who is in the territory of the Netherlands. The public prosecutor shall attach to said permission the conditions set by the examining magistrate and the conditions that the data obtained by intercepting the telecommunications of the user during his stay in the Netherlands: a. insofar as said telecommunications contain statements made by or to a person who could assert privilege under section 218 if he were to be asked about the content of these statements in the capacity of a witness, may not be used and should be destroyed, and b. may only be used for the criminal investigation in the context of which the notification was given and that prior permission must be requested and obtained for any other purpose.

2. LEGAL FRAMEWORK

Netherlands

International legal framework applicable for this measure in your Member State

The EU Directive 2014/41/EU, with the European Investigation Order (EIO), was implemented in Dutch law, effective from June 17th 2017. For countries who have not implemented this EU Directive: - EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000);

3. COMPETENT AUTHORITY TO:

Netherlands

* receive the request/decision for judicial cooperation

The competent authorities are the regional International Legal Assistance Centres (the IRCs) and the National Legal Assistance Centre (LIRC).

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

The public prosecutor with the LIRC

4. ACCEPTED LANGUAGES

Netherlands

Accepted languages for the request/decision

When using an EIO: Dutch or English. Otherwise: One of the official languages of the Council of Europe, but preferably in English or German or a translation in the Dutch language.

5. EXECUTION DEADLINE

Netherlands

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

The deadlines mentioned in the EU Directive 2014/41/EU (EIO).

6. CONCISE LEGAL PRACTICAL INFORMATION

Netherlands

a. Special requirements

According to the Dutch implementation law, implementing Article 28 and 29 of the Directive EIO, an additional ground for non-execution applies; if in a similar Dutch criminal case the application of the measure is not possible, this is a reason to refuse the EIO. Furthermore the public prosecutor can choose another measure then asked for in the EIO, if the requested measure does not exist in Dutch law or would not be applicable.

b. Other useful information

The order of the examining magistrate can only be issued for a maximum of four weeks.

Last reviewed on 16 March 2018 by Tools Correspondent

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