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

Hearing witnesses: by video conference (703)

1. MEASURE IMPLEMENTATION

Netherlands

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

1) Videoconference as mentioned under article 10 of the EU 2000 Convention: In general witnesses are questioned in person by a (examining) magistrate. Nevertheless it is possible interviewing witnesses by video, especially in cases of sexual offences against children. The requesting State will have to argue the reason why a videoconference is preferable and it is not possible or desirable to interview the witness in person. In principle the witness will be summoned to appear for the video conference and after the witness has been put under oath, the judge of the requesting state will lead the interview. 2) A request for a videoconference not based on article 10 of the EU 2000 Convention or another treaty entered into force with the Netherlands in which the video conference has been arranged, is not possible. Nevertheless witnesses can be interviewed on a voluntary base by a video link. In that case the Dutch public prosecutor is in charge with the execution of the interview.

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: EU Convention on Mutual Legal Assistance in Criminal Matters, Brussels, 29/05/2000 and the Additional Protocol of 16 October 2001

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 examining magistrate.

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

When interviewed by a (examining) magistrate the witness is obliged to make a statement. In case of breach of the legislation the examining magistrate is empowered to remand the witness in custody for a period of 12 days. Notice: the right of the witness of declination to give evidence of relatives and a (former) spouse, based on an obligation of confidentiality, under danger of (self) incrimination, concerning the interview of a threatened witness.

b. Other useful information

It is important to receive the request for hearing witnesses by video conference on time. Its preferable if the examining judge can choose a date for the videoconference. Besides summoning the witness, the reserving and preparing of the videoconference room costs a lot of time, approximately one (1) month before the conference can take place. Its time-saving if the request is already translated in the Dutch language.

Last reviewed on 16 March 2018 by Tools Correspondent

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