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

Order to produce documents (402)

1. MEASURE IMPLEMENTATION

Netherlands

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

Yes, it is. As part of the investigation of an offence that is subject to public prosecution, a non-suspect may be ordered by the Public Prosecutor to produce or hand over documents if these documents have to be used as evidence before court or to determine illegally obtained profits. In certain cases the Public Prosecutor will need to gain the approval of the Examining Magistrate before being allowed to give the order. For different crimes/orders there are varying thresholds. Someone who is suspected or has been accused of a crime is not obliged to produce or hand over documents in a criminal case against him/herself.

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); - European Convention on mutual legal assistance (Strasbourg, 20 April 1959) - Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union.

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 police is the executing 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) and the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959) 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) and the European Convention on Mutual Assistance in criminal matters (Strasbourg, 1959).

6. CONCISE LEGAL PRACTICAL INFORMATION

Netherlands

a. Special requirements

The measure requested will be carried out according to Dutch national law and can be taken only for criminal offences for which remand in custody can be demanded.

b. Other useful information

Upon the expressed request of the requesting authority foreign agents may attend the execution of the measure in the Netherlands. In principle this will be allowed but the decision is up to the competent judicial authority.

Last reviewed on 2 March 2018 by Tools Correspondent

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