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

Visit to and search of homes (601)

1. MEASURE IMPLEMENTATION

Netherlands

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

Yes, for offences that are punishable in the Netherlands and in the requesting State; see the Dutch statement with regard to Article 5 of the European Convention on Mutual Assistance in Criminal Matters. Visit (entering) of a home is, under certain circumstances, possible for a civilian and for a police officer to apprehend a suspect. The public prosecutor can perform a search of the premises, but not the residence. An exceptional situation is found in the residence or office belonging to a person who has the right to refuse to give evidence in court, e.g. family, doctors, solicitors. For those cases the public prosecutor needs an authorization of the examining magistrate. An examining magistrate is competent to carry out a thorough search of any place. An investigation officer or the police may perform a search in a vehicle. Notice: in general: search is possible in case of more serious crimes. Special rules are applicable in case of criminal financial investigation, drugs related crime and weapon offences.

2. LEGAL FRAMEWORK

Netherlands

International legal framework applicable for this measure in your Member State

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: -European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 20/04/1959 -Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 17/03/1978 -EU Convention on Mutual Legal Assistance in Criminal Matters, Brussels, 29/05/2000 -The Schengen Agreement (Schengen, 19 juni 1990)

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)

See section 601, 1

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

See section 601, 1

b. Other useful information

N/A

Last reviewed on 16 March 2018 by Tools Correspondent

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