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 children (705)

1. MEASURE IMPLEMENTATION

Netherlands

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

Yes, this is possible. Reckon with limited capacity of the specially designed and manned interview studios.

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)

Public prosecution service; execution by specially trained detectives of the juvenile and vice squad.

4. ACCEPTED LANGUAGES

Netherlands

Accepted languages for the request/decision

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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Netherlands

a. Special requirements

Hearing children as minor witnesses (not suspects) aged between 4 and 12 is possible if they have been witness to, or victim of a serious crime. Notice: the possibility of refusal of the persons having authority over the child or refusal by the child itself. Under special circumstances (limitations/possibilities of the child) hearing of the child can take place when 12 until 14. The interview is recorded on videotape (audio visual). A police report is drawn of the interview.

b. Other useful information

N/A

Last reviewed on 20 March 2019 by Tools Correspondent

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