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

Enforcement of a Financial Penalty (902)

1. MEASURE IMPLEMENTATION

Netherlands

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

Yes, we will handle a certificate based on the FD 2005/214.

2. LEGAL FRAMEWORK

Netherlands

International legal framework applicable for this measure in your Member State

-The FD 2005/214 has been implemented in the Netherlands in a national law, called WWETGC (Wet wederzijdse erkenning en tenuitvoerlegging geldelijke sancties en beslissingen tot confiscatie) of 27 September 2007. Since the amendment of the law on June 1st 2009 the applicability has been enlarged to decisions on confiscation (FD 2006/783). -European Convention on the international validity of criminal judgements of 28 May 1970.

3. COMPETENT AUTHORITY TO:

Netherlands

* receive the request/decision for judicial cooperation

-Regarding the FD 2005/214: Centraal Justitieel Incasso Bureau (CJIB - CA) Tel (+31) 058 2343700 Fax (+31) 058 2342870 E-mail centralauthority@cjib.minjus.nl Postal address Postbus 185 8900 AD Leeuwarden -Regarding the Convention of 28 May 1970: Ministry of Security and Justice AIRS, The Hague Office of International Affairs and Legal Assistance In criminal matters Tel (+31) 703707314 Postal address: Box 20301, 2500 EH The Hague

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

The same authority as mentioned under section 3.a.

4. ACCEPTED LANGUAGES

Netherlands

Accepted languages for the request/decision

Regarding the FD 2005/214: the certificate should be in English or Dutch. With regard to the Convention of 28 May 1970, article 19, paragraph 2: Documents submitted to the Kingdom of the Netherlands, where not drawn up in Dutch, French, English or German, should be accompanied by a translation into one of the above four languages.

5. EXECUTION DEADLINE

Netherlands

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

-

6. CONCISE LEGAL PRACTICAL INFORMATION

Netherlands

a. Special requirements

The double criminality will not be checked in case of a list-offence. The list of FD 2005/214 is broader that the list of FD 2006/786 – confiscation. There will be no check on dual criminality in cases of a traffic offence or a theft.

b. Other useful information

-

Last reviewed on 24 November 2016 by EJN Secretariat

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