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

Superficial body search (301)

1. MEASURE IMPLEMENTATION

Netherlands

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

Examination of a superficial body or cloth search of a suspect against whom serious objections exist is possible. Investigative search, includes as a means for identification, merely searching the clothes of the suspect, to obtain materials or other tracks on body or clothes. The measure can be taken for criminal offences detected in flagrante delicto and for criminal offences for which remand in custody can be demanded.

2. LEGAL FRAMEWORK

Netherlands

International legal framework applicable for this measure in your Member State

- European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014); - EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); - European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959); - Several bilateral and multilateral treaties.

3. COMPETENT AUTHORITY TO:

Netherlands

* receive the request/decision for judicial cooperation

The regional International Legal Assistance Centres (IRCs) or the National Legal Assistance Centre (LIRC) receive the request. The public prosecutor authorizes the measure.

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

The police executes it. Investigation officers having arrested a suspect may perform a clothes search of the suspect. In case of urgency the police may ask to execute the measure on the condition that a judicial letter of request will be sent to the competent authority.

4. ACCEPTED LANGUAGES

Netherlands

Accepted languages for the request/decision

- Concerning the European Investigation Order in criminal matters in Dutch or English. - Concerning the EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000), the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) and several bilateral and multilateral treaties one of the official languages of the Council of Europe, English or German or preferably a translation in the Dutch language.

5. EXECUTION DEADLINE

Netherlands

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

- Yes, when concerning the European Investigation Order in criminal matters (Directive 2014/41/EU of 3 April 2014) according to the Directive; - Not applicable, when concerning EU Convention on Mutual Assistance in criminal matters between the member states of the European Union (29 May 2000); the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) or several bilateral and multilateral treaties.

6. CONCISE LEGAL PRACTICAL INFORMATION

Netherlands

a. Special requirements

- Suspect must have been arrested. - Grave evidence against the suspect. - In the interest of the investigation.

b. Other useful information

The measure will be carried out according to Dutch national law.

Last reviewed on 2 March 2018 by Tools Correspondent

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